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Notice proposing cancellation of GST registration without specifying reasons is cryptic & untenable

June 23, 2023 1284 Views 0 comment Print

Gujarat High Court held that show cause notice proposing cancellation of GST registration without specifying reasons for cancellation is cryptic and deserved to be quashed.

Provision for Warranty Expenses allowed as business expense u/s 37

June 23, 2023 984 Views 0 comment Print

Jharkhand High Court held that ‘Provision for Warranty Expenses’ is allowable as business expense as large number of sophisticated goods were manufactured in past and if facts established show that defects existing in some of items manufactured and sold then provision for warranty is entitled to deduction.

Non-satisfaction of twin conditions doesn’t sustain revisionary jurisdiction u/s 263

June 23, 2023 828 Views 0 comment Print

ITAT Pune held that revisionary jurisdiction under section 263 of the Income Tax Act unjustified in absence of satisfying twin conditions which is mandatory preceded the invocation of revisionary jurisdiction.

Re-assessment notice time barred as conditions prescribed under 1st proviso to section 147 not complied

June 23, 2023 1335 Views 0 comment Print

ITAT Delhi held that the re­assessment notice issued under Section 148 is clearly time barred owing to non compliance conditions prescribed on 1st proviso to Section 147 of the Act. Accordingly, re-assessment proceeding is illegal and without jurisdiction.

Rejection of rectification application filed u/s 161 justified due to non-cooperation during assessment

June 23, 2023 1344 Views 0 comment Print

Madras High Court held that rejection of rectification application filed under section 161 of the Goods and Service Tax Act, 2017 justified as the petitioner has not cooperated in the course of assessment.

Income accruing or arising in the hands of minor is added to parent’s total income

June 23, 2023 636 Views 0 comment Print

Kerala High Court held that provisions of section 64(1)(v) of Income Tax Act clearly states that income accruing or arising in the hands of a minor child will be added to the parent’s total income.

Delay of 10 days in filing appeal condoned as order sent to Consultant’s email id

June 22, 2023 2175 Views 1 comment Print

Madras High Court condones the delay of 10 days in filing appeal as the petitioner was unaware of the orders as the orders was sent to the Consultant’s email id.

Disallowance u/s 40(a)(ia) justified on account of non-deduction of TDS

June 22, 2023 876 Views 0 comment Print

ITAT Chennai held that disallowance u/s 40(a)(ia) of the Income Tax Act for non-deduction of TDS is justified as TDS is not deducted and assessee has failed to file any evidence that receipts have declared the amount in their return of income.

Brushing aside objections of assessee has rendered entire mechanism provided u/s 143(1)(a) as redundant

June 22, 2023 744 Views 0 comment Print

ITAT Raipur held that payment towards purchase of beer from the State Government is an exception to the applicability of section 40A(3). However, brushing aside the said objection/ response filed by the assessee had rendered entire mechanism provided u/s 143(1)(a) as redundant and otiose.

Work order involving supply of material and service is classifiable under works contract service

June 22, 2023 1641 Views 0 comment Print

CESTAT Ahmedabad held that as work orders involves both supply of material as well as service, the same is classifiable under works contract service and not under Commercial and Industrial Construction Service.

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