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Payment of mandatory pre-deposit directed against detention order

June 2, 2023 1119 Views 0 comment Print

Madras High Court directed the petitioner to deposit maximum penalty of 200% of the tax involved in detention matter as once the mandatory pre-deposit is complied, the order has no force and all the further recovery proceedings will be subject to final outcome of the appeal.

Extended period invocable only if there is suppression of facts with intent to evade tax

June 2, 2023 4221 Views 0 comment Print

CESTAT Delhi held that the extended period of limitation could have been invoked only if there was suppression of facts with intent to evade payment of service tax.

Re-assessment beyond 4 years without recording satisfaction of CIT is invalid

June 2, 2023 1104 Views 0 comment Print

ITAT Hyderabad held that for re-assessment beyond a period of 4 years, recording of satisfaction by the CIT is a must under the Income Tax Act, 1961. In absence of the same, re-assessment proceedings are invalid.

Denial of deduction u/s 80P sustained as return filed belatedly

June 1, 2023 2703 Views 0 comment Print

ITAT Ahmedabad held that deduction under section 80P of the Income Tax Act disallowed as assessee filed return belatedly.

Reopening u/s 147 without recording specific reasons is invalid

June 1, 2023 1623 Views 0 comment Print

ITAT Mumbai held that reopening of assessment u/s 147 without recording any specific reasons and without linking the information received from DDIT(Inv) specifically to assessee is invalid and liable to be set aside.

Penalty u/s 271D not leviable as reasonable cause for violation of section 269SS duly demonstrated

June 1, 2023 2412 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271D of the income Tax Act not leviable as reasonable cause for violation of provisions of section 269SS duly demonstrated.

Reimbursement of salary for seconded employee cannot be taxed as FTS

June 1, 2023 2172 Views 0 comment Print

ITAT Bangalore held that reimbursement of salary for seconded employee cannot be regarded as ‘Fee for technical services’ (FTS) under India-US Tax Treaty (DTAA).

Addition u/s 68 unwarranted on failed of AO to conduct an independent enquiry

June 1, 2023 2640 Views 0 comment Print

ITAT Kolkata held that addition u/s 68 unwarranted as AO failed to conduct an independent enquiry post submission of documents by the assessee relating to identity, genuineness of the transaction, and credit-worthiness of the subscribers.

Penalty u/s 271AAA leviable on failure to substantiate source & manner of undisclosed income

June 1, 2023 717 Views 0 comment Print

ITAT Pune held that penalty under section 271AAA of the Income Tax Act leviable as assessee failed to substantiate the source as well as the manner of the undisclosed income.

Issuance of notice in GST ASMT-10 by Deputy Commissioner without authorization is unsustainable

June 1, 2023 1860 Views 0 comment Print

Andhra Pradesh High Court held that issuance of notice in Form GST ASMT-10 under rule 99 of A.P. Goods and Services Tax Rules, 2017 read with Section 61 of A.P. Goods and Services Tax Act, 2017 by Deputy Commissioner without authorization of Chief Commissioner lacks authorization and hence liable to be quashed.

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