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Bitumen/ bitumen emulsion/ cut back bitumen/ modified bitumen are mineral oil u/s. 80IB(a)

December 21, 2022 1632 Views 0 comment Print

ITAT Mumbai held that bitumen, bitumen emulsion, cut back bitumen, modified bitumen produced by the assessee certainly fall in the category of “mineral oil” for the purpose of section 80IB(a) of the Income Tax Act, 1961.

Chartered Accountant Institute can suo moto initiate disciplinary proceedings against its member

December 21, 2022 2532 Views 0 comment Print

Delhi High Court held that Section 21 of the Chartered Accountants Act, 1949 provides suo moto power to the institute to initiate disciplinary proceedings against its member without any written complaint/ allegation.

Revisionary order violating CBDT instruction no. 3/2016 is unsustainable

December 21, 2022 2898 Views 0 comment Print

ITAT Kolkata held that CBDT instruction no. 3/2016 exempt referring the specified domestic transactions with AE to TPO. Thus, revisionary order directing AO to pass fresh assessment order after making reference to TPO is unsustainable.

Addition u/s 69A towards cash deposit unsustainable as it is income from PMGKY Scheme supported by valid declaration

December 21, 2022 1623 Views 0 comment Print

ITAT Delhi held that addition u/s 69A of the Income Tax Act unsustainable as cash deposit of INR 4.50 cr. is income under the scheme Pradhan Mantri Garib Kalyan Yojana (PMGKY) and the same is cleared by a valid declaration under the scheme.

Power incentive by West Bengal Government is capital receipts

December 21, 2022 1065 Views 0 comment Print

ITAT Delhi held that power incentive granted by the Government of West Bengal is actually given for sole intention of setting up new industry and attractive private investment and hence the same is capital receipts and not chargeable to tax.

DCIT penalized with imprisonment as direction of High Court deliberately not followed

December 21, 2022 4587 Views 0 comment Print

Allahabad High Court held that High Courts order directed quashing of notice and consequential order. However, the outstanding amount on web portal continued for a period of 7 months. It clearly shows act and action of the opposite party is deliberate in nature. Hence, contemnor – opposite parity i.e. Deputy Commissioner of Income Tax penalized with fine and simple imprisonment for one week.

Approved scheme of amalgamation is binding on Income-tax authorities

December 21, 2022 2994 Views 0 comment Print

ITAT Kolkata held that the scheme of merger/ amalgamation once approved by the Honble High Court is binding on the Income-tax authorities and cannot be disturbed/reconsidered.

Restriction on utilization of ITC u/r 86A of CGST Rules cannot continue beyond one year

December 21, 2022 4878 Views 0 comment Print

Delhi High Court held that restrictions on utilization of input tax credit imposed under rule 86A of the Central Goods and Services Tax Rules cannot extend beyond the period of one year.

Order passed without considering recorded unretracted statements is untenable

December 21, 2022 1557 Views 0 comment Print

Calcutta High Court held that order passed without considering statements recorded under section 108 of the Customs Act which are not retracted is liable to be interfered.

Increased service tax rate under composition not affect pending contracts

December 21, 2022 1098 Views 0 comment Print

Calcutta High Court held that the rates of tax as increased would be prospective and shall not affect the pending contracts and therefore would be entitled to the compounded rate of tax at 2% for the relevant period.

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