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Penalty u/s 271D/ 271E deleted on basis of reasonable cause

July 26, 2022 2001 Views 0 comment Print

Held that there was bonafide belief of the assessee that passing journal entries, even though in violation of mode prescribed u/s. 269SS and section 269T, is permissible. Entries done before judgement of Hon’ble Bombay HC in the case of Triumph International. Penalty deleted on the basis of reasonable cause.

TDS deductible by co-operative banks on interest on time deposits only from 01.06.2015

July 26, 2022 1806 Views 0 comment Print

Held that co-operative banks are liable to deduct TDS on payment of interest on time deposits only from 01.06.2015 and not before that.

Assessment orders passed u/s 153A quashed in absence of individual approval u/s 153D

July 26, 2022 1506 Views 0 comment Print

Held that in the present case the approving authority has acted casually and granted the approval u/s. 153D in a mechanical manner without judicious exercise of power. According, approval granted u/s 153D was quashed and consequently the assessment order u/s 153A was also quashed.

Addition of income not accruing/ arising from business connection in India not sustainable

July 26, 2022 885 Views 0 comment Print

Held that there is no material/ evidence to say that the assessee was having any business connection in India. Addition unsustainable.

Education related Affiliation service fees collected by University is exempt from service tax

July 26, 2022 1989 Views 0 comment Print

Held that the act of University in granting affiliation to a private college is service in furtherance of providing education and accordingly the affiliation fees collected is exempted from service tax.

Section 80P(4) not applies to primary agricultural credit societies not entitled for banking license

July 26, 2022 2043 Views 0 comment Print

Sahyadri Vividdhodesha Areca Vs ITO (ITAT Bangalore) Held that object of section 80P(4) was to exclude co­operative banks that function at par with other commercial banks and noted that as primary agricultural credit societies are not entitled for obtaining a banking license would not be hit by this provision. Facts- Assessee is a society registered […]

Non-availability of record is reasonable cause for failure to comply with notice u/s 142(1)

July 25, 2022 2949 Views 0 comment Print

Held that imposing penalty u/s. 271(1)(b) justified as necessary record impounded by the department was not supplied to the assessee, accordingly assessee failed to comply with the notice u/s. 142(1).

Fictitious cash sales to claim exemption under Section 80-IC not become genuine merely for acceptance by VAT Authorities

July 24, 2022 546 Views 0 comment Print

Respondent furnished inaccurate particulars of his income in the garb of fictitious cash sales with a view to claim Section 81-IC exemption

Transfer of land to developer via JDA not covered under wealth tax

July 22, 2022 1026 Views 0 comment Print

Held that appellant has transferred the land to the developer through JDA and the developer had power to alienate their portion of property. Accordingly, property so transferred is not subject to wealth tax.

Place of supply is location of service receiver when services are supplied to foreign telecom operators

July 22, 2022 1308 Views 0 comment Print

Held that services are supplied to Foreign Telecom Operators and hence place of supply of service will be location of service receiver as per section 13(2). Provisions of section 13(3)(b) are not attracted as the services are not provided to the individual.

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