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Cancellation of registration, as returns not filed, directed to file all pending returns

June 14, 2022 13971 Views 1 comment Print

Tvl. GK Digital Printing Vs Assistant Commissioner (Circle) (Madras High Court) GST registration cancelled as returns for continuous period of 6 months not filed. Petitioner directed to file all the pending returns (before and after cancellation of registration) and also pay all the pending taxes, interest, fee, fine, etc. Facts- The petitioner has filed the […]

Bogus purchase, addition limited to GP Rate

June 14, 2022 6111 Views 0 comment Print

ITO Vs Satyanarayan Nathulal Gandhi Chowk (ITAT Raipur) Held that the entire purchase amount of such bogus purchase cannot be added at best the addition limited to the extent of G. P. Rate on purchases at the same rate of the genuine purchase. Facts- A survey operation u/s 133A was conducted in the business premises of […]

Penalty u/s 114AA levied for misdeclaration of value of imported goods

June 14, 2022 4245 Views 0 comment Print

S.D. Overseas Vs Joint Commissioner of Customs (CESTAT Delhi) Penalty u/s 114AA leviable in case of misdeclaration of the value of the imported goods as per the manufacturer’s price lists. Facts- The appellant had imported a consignment of Food Supplements through ICD, Tughlakabad and filed a Bill of Entry dated 04.01.2013 and the goods were […]

Crushing and screening iron ore classified as iron ore fines, exempt from CVD

June 14, 2022 1569 Views 0 comment Print

The appellant engaged in the manufacture of iron ore pellets. One of the raw materials required for the same is iron ore fines.

Addition based only on loose paper is unsustainable

June 13, 2022 2553 Views 0 comment Print

Solitare World Pvt. Ltd Vs ACIT (ITAT Delhi) Loose paper found during search on standalone could not be used as a basis for making the addition without the company of any other supportive material and evidence. Facts- A search and survey operation u/s 132/133A was carried out on 15.10.2013 in SRM group of eases by […]

Income accrues only when services are rendered

June 13, 2022 1371 Views 0 comment Print

DCIT Vs Hyderabad Educational Institutions Pvt. Ltd (ITAT Hyderabad) The tuition fee is received in the last quarter of a financial year, however, the corresponding service is rendered by the assessee in the next quarter which falls in a different financial year. Accordingly, held that income accrues only when the right accrued by rendering of […]

Addition u/s 40A(3) unsustainable in absence of incriminating material

June 13, 2022 630 Views 0 comment Print

S. Ashokan Vs DCIT (ITAT Chennai) Addition towards cash payments u/s 40A(3) unsustainable in absence of any incriminating materials found during search – claim of assessee abruptly rejected that cash found during search pertains to earlier AY. Facts- The first issue in assessee appeal is validity of assessment order passed by the AO u/s.143(3) r.w.s.153A. […]

Inappropriate act/ omission by CoC cannot be accepted

June 13, 2022 4920 Views 0 comment Print

Held that a statutory institution like CoC which is in most of the cases represented by public financial institutions is expected to act in a fair and neutral manner so that the objects of IBC, 2016 can be achieved for the benefit of all.

CSR expenditure towards education is allowable deduction u/s 37

June 13, 2022 4833 Views 0 comment Print

XINDIA Steels Ltd. Vs ACIT (ITAT Bangalore) CSR expenditure, for the benefit of public towards education expenses to the schools/villages surrounding the factory of children of the villages where the factory of the assessee is situated, is business expenditure allowable as deduction u/s 37 Facts- The assessee filed return of income declaring Rs.45,62,36,080 as per […]

Non-filing of return vis-à-vis cash deposit found in AIR, notice u/s 148 sustainable

June 13, 2022 1704 Views 0 comment Print

Sanjaykumar Gangaram Patel Vs ITO (ITAT Ahmedabad) Return not filed, however, cash deposit was found in AIR. Accordingly, AO issued notice u/s 148. Addition on cash deposited in bank account, opened with the assessee’s wife, is sustainable. Facts- The assessee is an individual. For AY 2006-2007, assessee has not filed a ROI. Annual Information Return […]

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