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Assessment Order Passed without Serving Notice u/s 143(2) on Correct Address as per ITR is Invalid

September 5, 2020 2253 Views 0 comment Print

The issue under consideration is whether the assessment order passed without serving of the notice u/s 143(2) on correct address as mentioned in ITR is considered as Valid order?

Date of Payment of TDS is Date of Cheque deposit with bank: ITAT Mumbai

September 5, 2020 3963 Views 0 comment Print

ITAT hold that payment of TDS by the assessee would relate back to the date of presentation of cheques by the assessee to the banker. Accordingly, TDS-CPC, Ghaziabad is directed to revise the aforesaid intimation by taking the date of tender of cheques by the assessee as the actual date of payment and re-compute interest payable by the assessee, if any. The interest demand u/s 220(2) being consequential in nature, may also be recomputed. Resultantly, the appeal filed by the assessee allowed.

Investment on Renovation of New Residential House Eligible for section 54F Exemption

September 4, 2020 19272 Views 0 comment Print

The issue under consideration is whether the investment made on renovation of new residential house is eligible for exemption u/s 54F?

Assessment Order Passed in Name of Amalgamated company i.e. Non-Existent Entity is Void-ab-Initio

September 3, 2020 1830 Views 0 comment Print

The issue under consideration is whether the Assessment Order against non-existent entities will be considered as valid in law?

NCLAT dismissed Insolvency Proceedings Initiated against Tata Chemicals

September 3, 2020 1287 Views 0 comment Print

The issue under consideration is whether the initiative of insolvency proceedings against Tata Chemicals is sustain even if the corporate debtor has not complied with the procedural aspects?

HC set aside Order passed on the basis of a report which was not provided to Appellant

September 3, 2020 1542 Views 0 comment Print

whether non furnishing of scrutiny report to the assessee and then passing an adverse order based on the said scrutiny report is justified in law?

Income Tax Department carries out searches in Srinagar & Kupwara

September 2, 2020 1833 Views 0 comment Print

The Income Tax Department has carried out simultaneous search and seizure operations on 2nd September, 2020 in the case of three prominent businessmen in Srinagar and Kupwara. These operations have, prima facie, led to the detection of huge amount of undisclosed income, seizure of unaccounted assets and incriminating evidence and involvement in benami transactions by these three groups. 

ITR Filing Compliance Check Functionality for Scheduled Commercial Banks

September 2, 2020 2031 Views 0 comment Print

The data on cash withdrawal indicated that huge amount of cash is being withdrawn by the persons who have never filed income-tax returns. To ensure filing of return by these persons and to keep track on cash withdrawals by the non-filers, and to curb black money, the Finance Act, 2020 w.e.f. 1st July, 2020 further amended Income-tax Act, 1961 to lower the threshold of cash withdrawal to Rs. 20 lakh for the applicability of TDS for the non-filers and also mandated TDS at the higher rate of 5% on cash withdrawal exceeding Rs. 1 crore by the non-filers.

Holding of goods without order of seizure/ confiscation is without authority of law

September 2, 2020 3567 Views 0 comment Print

Ganesh Benzoplast Ltd. Vs Union of India (Bombay High Court) Facts- Government made standard marking of IS 252:2013 mandatory on caustic soda from 03.04.2018. Consignment containing caustic soda was imported by the petitioner vide bill of entry dated 01.11.2018. BIS licence was issued vide licence dated 30.09.2019. It was alleged that the said import was […]

Reversal of ITC Merely by Adopting Uniform or Ad-hoc Percentage is unsustainable

September 2, 2020 8457 Views 1 comment Print

The present Writ Petitions relate to restriction of the amount of Input Tax Credit (ITC) predominantly on the head of (a) Prior sufferance of Taxes; (b) ITC on reversal on wastage; and (c) Ineligible claim of ITC on goods.

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