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No Section 271(1)(c) Notice without mentioning particular limb

March 11, 2021 6201 Views 0 comment Print

Mohd. Farhan A. Shaikh Vs DCIT (Bombay High Court) Conclusion: In present facts of the case, the Larger Bench of the Hon’ble High Court was referred an issue ‘mere failure to tick mark the applicable grounds’ in the notice issued under Section 271 of the Income Tax Act, 1961 (IT Act) vitiate the entire penalty […]

Procedural Compliance is mandatory for AO when prescribed by CBDT

November 23, 2020 1278 Views 0 comment Print

It was held that the assessment order passed by the Assessing Officer disregarding the instructions of the CBDT are liable to the set aside as AO has not taken prior approval of the authorities mentioned.

Imposition of GST on Directors: Another Instant of Transgression Through Notification of the Limits Provided by Parent Act

April 24, 2020 1386 Views 0 comment Print

Notification No. 13/2017 provides that the Services provided by Director to the body corporate would come under the ambit of Reverse Charge Mechanism. By the virtue of the said Notification, the services provided by the Director would be taxable. But the question arises that whether the said entry of the Notification is under the permissible limits as prescribed by the Parent Act i.e Central Goods Service Tax Act, 2017.

Section 50C(2) shall be invoked if adoption of stamp duty valuation is objected

June 21, 2019 1263 Views 0 comment Print

Where the assessee objects to the adoption of stamp duty valuation as deemed sale consideration during the assessment proceedings, the Assessing Officer is duty bound to make a reference to the DVO.

Section 14A could only be invoked in presence of exempt income

September 26, 2018 1566 Views 0 comment Print

When no exempt income was received or receivable on the investments, no disallowance u/s 14A of the Income Tax Act, 1961 is warranted.

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