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Penalty u/s 271B levied for non-furnishing of audit report without reasonable cause

March 15, 2023 1488 Views 0 comment Print

Sh. Yasir Bilal Khan Vs DCIT (ITAT Amritsar) ITAT Amritsar held that penalty u/s 271B for non-furnishing of audit report within specified date leviable as assessee failed to prove nexus between non-completion of the audit report u/s. 44AB with the flood of Kashmir. Facts- The penalty was levied by the ld. AO u/s. 271B of […]

Income from sale of developed flat under Joint Development Agreement taxable as capital gain

March 15, 2023 5013 Views 0 comment Print

ITAT Bangalore held that income from sale of developed flat, obtained under Joint Development Agreement (JDA), is to be treated as income from short term capital gain/ long term capital gain and not as income from business.

Matter of levy of VAT/ GST on Extra Neutral Alcohol pending before SC hence hearing deferred

March 15, 2023 840 Views 0 comment Print

Bombay High Court deferred the hearing in the matter of levy of VAT or GST on Extra Neutral Alcohol as matter already pending before Supreme Court.

Provisions of section 115BBE not applicable where surrender is made to cover any discrepancy

March 15, 2023 2640 Views 0 comment Print

ITAT Amritsar held that provisions of section 115BBE of the Income Tax Act cannot be made applicable where assessee has made a statement that the excess stock was a result of suppression of profit in respect of sales made outside the books of accounts.

Condition of pre-deposit for anticipatory bail in absence of final assessment not sustainable

March 15, 2023 1722 Views 0 comment Print

Supreme Court held that as there is no final assessment in fake invoice case made under GST Act, the appellant cannot be said to be under a legal liability. Accordingly, condition of pre-deposit for grant of anticipatory bail not imposable.

Extended period not invocable in absence of suppression of facts with intend to evade payment of tax

March 15, 2023 957 Views 0 comment Print

CESTAT Chennai held that extended period of limitation not invocable as there is no suppression of facts with the intend to evade payment of tax. Accordingly, order dismissed on the grounds of limitation.

Petitioner-dealer has due right to cross-examine the selling dealer

March 15, 2023 813 Views 0 comment Print

Orissa High Court held that petitioner-dealer has right to cross-examine the selling dealers, however, as more than two decades elapsed it might not be practical. Accordingly, assessment would stand completed at the figures disclosed in the return of petitioner-dealer.

Fresh adjudication needed as claim of deduction u/s 80P dismissed without considering merits of case

March 15, 2023 1182 Views 0 comment Print

ITAT Pune held that as NFAC dismissed the claim of deduction u/s 80P on legal issue without considering the case on merits, matter remanded back for fresh adjudication.

AO cannot invoke rule 8D(2)(ii) of Income Tax Rules without examining claim made by assessee

March 14, 2023 1383 Views 0 comment Print

Calcutta High Court held that invocation of provisions of rule 8D(2)(ii) of the Income Tax Rules by AO without examining the accounts of the assessee and without examining the claim made by the assessee is unjustified.

Reassessment proceedings without issuance of notice u/s 143(2) is bad in law

March 14, 2023 6585 Views 0 comment Print

ITAT Delhi held that reassessment proceedings without issuance of notice under section 143(2) of the Income Tax Act is bad in law and liable to be quashed.

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