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Carry forward of unadjusted VAT TDS to GST is duly available

February 17, 2023 966 Views 0 comment Print

Madras High Court held that it is well settled now that carry forward of unadjusted VAT TDS (TNVAT Act) to GST is duly allowed in terms of Section 140 of the TNGST Act, 2017.

AO cannot disturb assessment which has attained finality except if contrary material found during search

February 17, 2023 681 Views 0 comment Print

ITAT Chandigarh held that AO not empowered to disturb the assessment order/ reassessment order which has attained finality, unless contrary material gathered in the course of proceedings u/s 153A of the Income Tax Act.

Section 292C being a deeming provision cannot be applied mechanically

February 17, 2023 1746 Views 0 comment Print

ITAT Delhi held that provisions of section 292C of the Income Tax Act is only a deeming provision and the deeming provision cannot be applied mechanically, ignoring the facts of the case and surrounding circumstances.

Detention of goods for non-mentioning of GSTN of recipient under Bill to – Ship to transaction is unjustified

February 17, 2023 3336 Views 0 comment Print

Madras High Court held that detention of goods for mere non-mentioning of GSTN of the recipient under Bill to – Ship to transaction, without intention to avoid tax, is unjustified.

Corporate Social Responsibility expense is deductible u/s 37(1) of Income Tax Act

February 17, 2023 3378 Views 0 comment Print

Delhi High Court held that Corporate Social Responsibility [CSR] expenses incurred by assessee are allowable as deduction under section 37(1) of Income Tax Act.

Penalty u/s 271(1)(b) not leviable for non-compliance to statutory notice as notice not serviced correctly

February 17, 2023 1428 Views 0 comment Print

ITAT Delhi held that as the statutory notice was not served to the correct address, penalty under section 271(1)(b) of the Income Tax Act cannot be levied alleging the non-compliance of the statutory notices.

Sales tax/ VAT dues payable by original owner cannot claim priority over secured creditor’s due

February 16, 2023 1113 Views 0 comment Print

Gujarat High court held that the dues in the nature of sales tax or VAT payable by the original owner cannot claim priority over the dues of the secured creditor.

Appellate authority not empower to decide on issue which didn’t originate from original authority’s order

February 16, 2023 1464 Views 0 comment Print

Calcutta High Court held that the appellate authority could not have taken a decision on an issue, which did not emanate from the order passed by the original authority.

Addition on account of on-money receipts restricted to GP percentage i.e. 15%

February 16, 2023 1479 Views 0 comment Print

ITAT Ahmedabad held that addition on account of on-money received @50% is on a palpably very high side. Accordingly, the same is restricted to Gross Profit percentage i.e. 15%.

Exemption notification gets effective only from date it got published in Official Gazette

February 16, 2023 1521 Views 0 comment Print

CESTAT Bangalore held that notification no. 29/2018-CUS dated 01.03.2018 was published in the official gazette only on 06.03.2018 after it was digitally signed. Hence, the said notification is effect only from 06.03.2018 and not from 01.03.2018.

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