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Section 148- Instructions on handling of Non-PAN cases flagged by DRI

March 26, 2021 18633 Views 0 comment Print

These non-PAN cases have been pushed by Systems to respective Pr. CCIT/Pr. CIT based on address. Considering the time involved in allotting PAN in such non-PAN cases and other technical issues involved in generating notices through the system, the following instructions are being issued for handling of such non-PAN cases:

CBDT Defers GST & GAAR reporting till 31.03.2022

March 25, 2021 39285 Views 1 comment Print

The Central Board of Direct Taxes (CBDT) deferred the Tax Audit Clause 30C and 44  till 31st Mar 2022 due to COVID-19. F.No. 370142/9/2018-TPL Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes TPL Division New Delhi **** Circular No. 05/2021, Dated 25th March, 2021 Order under section 119 of […]

GST: HC stays summon issued without application of mind

March 25, 2021 2469 Views 0 comment Print

Delhi HC stays proceedings in Ankit Bindal’s case, citing vague summons seeking self-incriminating material. Next hearing on 12/04/2021.

I-T Refund cannot be adjusted by more than 20% of Demand: HC

March 25, 2021 13659 Views 0 comment Print

Vrinda Sharad Bal Vs ITO (Bombay High Court) The Bombay high court recently held that income tax (I-T) officers cannot adjust the refunds due to taxpayers against outstanding demands in excess of the limits laid down in instructions, circulars and guidelines issued by the Central Board of Direct Taxes (CBDT). he I-T returns for the […]

Officer who did assessment can only do re-assessment: Madras HC considered Canon Judgment

March 25, 2021 2616 Views 0 comment Print

Quantum Coal Energy (P) Ltd. Vs Commissioner, Office of the Commissioner of Customs (Madras High Court) 1. Canon effect – SCNs being quashed since an officer who did assessment can only do re-assessment. 2. SCN quashed on the basis of Honorable SC Canon Ruling by Madras High Court in WP 10186 of 2014 vide order […]

Writ filed against Not allowing erstwhile Allahabad bank auditors to continue

March 25, 2021 3273 Views 0 comment Print

Chartered Accountants Association filed writ against Indian Bank  for not allotting Statutory Audit for Financial Year 2020-21 to erstwhile Allahabad bank auditors. RBI is been made respondent to the writ.

Customs: Proposed changes to Section 46 related to Bill of Entry

March 24, 2021 8958 Views 0 comment Print

Section 46 would facilitate pre-arrival processing and assessment of Bills of Entry (BE) by mandating their advance filing thus leading to significant decrease in the Customs clearance time.

Issue of `C’ Forms for natural gas: SC upheld view of Punjab & Haryana HC in Carpo Power Ltd

March 24, 2021 3039 Views 0 comment Print

Commissioner of Commercial Taxes & Anr. Vs Ramco Cements Ltd.Etc. (Supreme Court of India) 1. It is held that the respondents are liable to issue `C’ Forms in respect of the natural gas purchased by the petitioner from the Oil Companies in Gujarat and used in the generation or distribution of electricity at its power […]

In absence of any accrual of income TDS is not deductible

March 24, 2021 3999 Views 0 comment Print

Toyota Kirloskar Motor (P) Ltd. Vs ITO (Karnataka High Court) The Supreme Court in SHOORJI VALLABH DAS supra has held that income tax is a levy on income and the Act takes into account two points of time at which the liability to tax is attracted i.e., accrual of income or its receipt but substance […]

Addition merely based on electricity consumption formula not sustainable

March 24, 2021 2424 Views 0 comment Print

ACIT Vs Gajalaxmi Steel Pvt. Ltd. (ITAT Pune) There is no dispute on the fact that the Assessing Officer made addition based on the estimation with reference to the consumption of electricity. the Assessing Officer had made the addition of Rs 7,65,23,877 on the basis of wrong presumption/ assumptions. I find it quite baffling that […]

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