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Archive: 05 September 2023

Posts in 05 September 2023

Restaurants Must Prove No AC for Service Tax Exemption: CESTAT Delhi

September 5, 2023 1362 Views 0 comment Print

Unpacking the CESTAT Delhi ruling on Gurukripa Yuvraj Veg & Non-veg Restaurant regarding service tax exemption based on AC facility. Key takeaways and implications.

Police & GST Dept. cannot issues Notices to Advocate appearing for client

September 5, 2023 20745 Views 0 comment Print

Calcutta High Court rules that Police and GST Department cannot issue notices to advocates appearing for clients in GST-related cases, upholding client-advocate privilege.

Charitable Trust Registration rejection without Application of Mind is Unsustainable

September 5, 2023 5091 Views 0 comment Print

A detailed analysis of ITAT Mumbai ruling in Surti Modh Vanik Jagruti Mandal Vs ITO (E). Learn why ITAT found CIT(E) rejection of the trust unsustainable.

MCA Imposes Penalty for Missing explanatory statement about Independent director appointment in EGM notice

September 5, 2023 771 Views 0 comment Print

MCA levies penalties due to EGM notice non-compliance. Exploring the United Telecoms Limited case, Section 152 violation, and the implications. Analysis and outcome.

ITAT quahes Revision Order u/s 263 for Re-examining Large Cash Deposits in Bank

September 5, 2023 3375 Views 0 comment Print

Analyzing the recent ITAT Delhi ruling in Navneet Bhardwaj Vs PCIT, which nullified a revisionary order under section 263 of the Income Tax Act for AY 2016-17, touching upon the legal intricacies and implications.

No Section 271(1)(c) Penalty if AO’s Addition Lacks Jurisdiction

September 5, 2023 420 Views 0 comment Print

DCIT Vs Milan Kavinchandra Parikh (ITAT Mumbai) Introduction: The Income Tax Appellate Tribunal (ITAT) Mumbai recently delivered a pivotal judgment in the case between the Deputy Commissioner of Income Tax (DCIT) and Milan Kavinchandra Parikh. The judgment raises key questions surrounding the jurisdiction of penalties levied under section 271(1)(c) of the Income Tax Act, 1961. This […]

Public Auction Sale Deed Value is to be Considered as Fair Market Price

September 5, 2023 2946 Views 0 comment Print

ITAT Mumbai in ITO vs Mahavir Enterprises case held that consideration paid by assessee, being higher/successful bidder, of e-tender floated by bank is fair market value of property

DGGI investigation cannot be stopped for investigation of any other entity

September 5, 2023 1125 Views 0 comment Print

Petitioner has a separate GST registration. If any of DGGI authorities has found it necessary to investigate petitioner based on certain information, said investigation cannot be stopped or interdicted on account of investigation conducted with respect of any other entity.

AO Must allow Advance Tax credit Despite Assessee Error: ITAT Mumbai

September 5, 2023 927 Views 0 comment Print

Analysis of the ITAT Mumbai ruling in the case of Damco India Pvt Ltd Vs CIT. Key insights into why the AO must grant advance tax credits overlooked by the taxpayer.

Delay in Filing Form 67 Doesn’t Bar Foreign Tax Credit: ITAT Ruling

September 5, 2023 1701 Views 0 comment Print

In the case of Suresh Kumar Doodi vs. ACIT, ITAT Jaipur rules that delay in filing Form 67 doesn’t result in disallowance of Foreign Tax Credit under Rule 128(9).

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