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Archive: 09 May 2024

Posts in 09 May 2024

No Section 271B penalty if reasonable cause exist for delay in furnishing Tax Audit Report

May 9, 2024 1047 Views 0 comment Print

Detailed analysis of the appeal against a penalty imposed under Section 271B of the Income Tax Act by the ITAT Delhi in the case of Sanjeev Kumar Goyal vs ITO, including the reasons for the penalty dismissal.

Demonetization Deposits Not Subject to Section 69A addition if Source Explained

May 9, 2024 1572 Views 0 comment Print

In the Satishbhai Kadvabhai Sarvaiya Vs ITO case, ITAT Rajkot rules that during demonetization, deposits don’t warrant addition under U/s 69A if adequately explained.

Differences in Approved Valuer’s Opinion Not Concealment of Income: ITAT Chennai

May 9, 2024 519 Views 0 comment Print

ITAT Chennai observed that differences in valuation opinions are common, and the assessee’s claim based on an approved valuer’s report cannot be deemed as concealment of income. Citing precedents from the Madras High Court and the Supreme Court, the ITAT ruled that an incorrect claim in law does not constitute furnishing inaccurate particulars.

Professional Misconduct: CA Deviates from Assignment Requirements, Causing Loss

May 9, 2024 1110 Views 0 comment Print

CA Solanki failed to work in line with the requirements of the assignment and deliberately adopted a different methodology, causing loss to the complainant. Consequently, the Committee determined that Solanki’s actions constituted professional and other misconduct.

Contractors Entitled to Reimbursement for GST Impact on Indirect Transactions

May 9, 2024 1347 Views 0 comment Print

Gopikrishna Infrastructure Pvt Ltd Vs State of Jharkhand (Jharkhand High Court) Contractors are entitled to reimbursement of the GST impact also on indirect transactions on which GST was imposed.

Madras HC Orders Fresh Proceedings: GST Demand Differs from SCN

May 9, 2024 780 Views 0 comment Print

HC emphasized that if respondent intended to modify tax proposal, a fresh show cause notice should have been issued instead of deviating from original basis without proper notice.

GST Liability on Capital Goods Sale: Section 18(6) vs. Rules 40(2) & 44(6)

May 9, 2024 21753 Views 0 comment Print

Explore Section 18(6) of CGST Act regarding GST reversal on capital goods sale. Analysis of Rule 40(2) vs. Rule 44(6) methods & reflection in GSTR forms explained.

KGST: HC Not Appellate Authority to examine merit of assessment/refund order

May 9, 2024 285 Views 0 comment Print

Analysis of N.R. Patel & Co. Vs Assistant Commissioner case by Kerala High Court. Court rules on assessment/refund order merit under KGST Act. Full judgment.

SC Upholds Time Limit under Section 38(3) for Refunds under Delhi VAT

May 9, 2024 807 Views 0 comment Print

Explore how the Supreme Court’s ruling reinforces strict adherence to refund timelines under the Delhi Value Added Tax Act in the case of Commissioner vs FEMC Pratibha JV.

Reassessment Order under OVAT Act Must Not Rely Solely on Tax Evasion Reports

May 9, 2024 480 Views 0 comment Print

Orissa High Court quashes reassessment order, ruling it cannot be based merely on tax evasion or audit reports, stressing the need for independent assessment.

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