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Date of initiation of search assessment has to be reckoned from date of receiving books of account

October 28, 2020 1068 Views 0 comment Print

DCIT Vs Paresh K. Shah (ITAT Mumbai) Conclusion: Since the date of initiation of search u/s 132 for the purpose of an assessment u/s 153C had to be construed as the date of receiving the books of account by the AO having jurisdiction over such other person, from the A.O. of the searched person, the […]

No Addition on Royalty for Database Access License as per Indo-Swiss Tax Treaty

October 28, 2020 903 Views 0 comment Print

The issue under consideration is whether AO is correct in making addition for royalty on account of alleged royalty taxable under section 9 (l)(vi) of the Income Tax Act, 1961 read with Article 12(3) of India Switzerland Double Taxation Avoidance Agreement (DTAA)?

No Addition u/s 14A for Non Consideration of  Share Application Money as Investment Yielding Exempt Income

October 28, 2020 765 Views 0 comment Print

The issue under consideration is whether the addition made by AO u/s 14A read with rule 8D is justified in law? Respectfully following the precedent, ITAT set-aside the impugned order on this score and order to delete the disallowance.

ITAT Restricted Addition made by AO to 2% of Bogus Purchases

October 28, 2020 2376 Views 0 comment Print

Surana Enterprises Vs ITO (ITAT Delhi) The issue under consideration is whether the addition made by AO u/s 69C by considering the purchases as Bogus Purchase is justified in law? ITAT states that, in present case, the assessee has shown sales of the goods, or otherwise the goods are lying in the closing stock. If […]

Compliance of GST (Compensation to States) Act, 2017 is Not Mandatory

October 28, 2020 1089 Views 0 comment Print

G. Sundarrajan Vs Union of India (Madras High Court) The issue under consideration is whether compliance of Goods and Services Tax (Compensation to States) Act, 2017 is mandatory? High Court states that, the mere employment of the word ‘shall’ in Section 7(1) of the Goods and Services Tax (Compensation to States) Act, 2017 cannot be […]

HC Grant Regular Bail to Petitioner accused of Fraudulently availing ITC

October 28, 2020 975 Views 0 comment Print

The present petition is filed for seeking bail to the petitioner accused of fraudulently availing ITC without any invoice or bill. The trial will take time to conclude, especially due to prevailing situation of Covid-19. Thus, the petition is allowed and the petitioner is ordered to be released on regular bail.

Application for Rectification of Order under GST with FAQs

October 28, 2020 86643 Views 0 comment Print

A. FAQs on Filing Application for Rectification or Taking Action in the  Subsequent Proceedings under section 161 Conducted by Tax Officer Q.1 How can Rectification of errors in decision, Orders, notice or certificate or any other document be done? Ans: Rectification of errors, which is apparent on the face of record in such decision, order, […]

How to file Form GST DRC-20

October 28, 2020 12483 Views 0 comment Print

FAQs on Applying for Deferred Payment or Payment in Instalments (FORM GST DRC – 20) Q.1 What is the purpose of FORM GST DRC – 20? Ans. FORM GST DRC – 20 is an application form that can be filed by any taxpayer to apply for one of the following two options available to him […]

Prosecution can be launched before Income Tax Assessment completion : HC

October 28, 2020 5049 Views 0 comment Print

Prosecution proceedings were separate and distinct from the assessment or re­assessment proceedings. There was no requirement under the Act that the assessment proceedings should be completed before launching prosecution. HC refused to quash prosecution for the compounding of offense under Section 276C(1) of Income Tax Act.

Tax Audit under Section 44AB- ICAI Checklist (Download)

October 28, 2020 79650 Views 0 comment Print

Approach To Tax Audit Under Section 44AB Of The Income Tax Act, 1961 (Checklist) This document is a joint effort of the Direct Taxes Committee and the Taxation Audit Quality Review Board of ICAI. This checklist is designed to assist the members in enhancing the quality of tax audit under section 44AB of the Income […]

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