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Prima Facie Belief Required with Tangible Material Showing Income Escaped Assessment- Section 147/148

August 28, 2024 870 Views 0 comment Print

Assessee, an individual, had deposited cash in his bank account. During assessment, AO observed that assessee had entered into share transactions and earned income from commodities through Multi Commodity Exchange.

Commercial Tax Officer not obliged to Physically Verify E-Way Bills for Section 54 Refund Claim

August 27, 2024 906 Views 0 comment Print

As a Quasi-Judicial authority, if assessee had fulfilled all the requirements that are provided under the relevant section 54 of the Act and the circular, that by itself was sufficient compliance before passing the order of refund of the tax.

Boro Plus Ayurvedic Cream is a medicated ointment under Entry 41, Schedule II, UPVAT Act

August 26, 2024 498 Views 0 comment Print

Boroplus Antiseptic Cream was a ‘medicated ointmnet’ and was liable to be taxed at 5% under ‘drugs and medicines’ in Entry 41 Schedule II in absence of specific evidence including expert opinions, industry standards, etc. to justify the reclassification.

Appellate Authority cannot condone delay beyond 4 Months u/s 107 of CGST Act

August 26, 2024 927 Views 0 comment Print

Appellate authority could not condone delay beyond four months under section 107 and this discretion conferred upon the appellate authority was restricted to condoning the delay only for a maximum period of one month.

No Section 36(1)(iii) Disallowance of Interest Based on Incorrect AO Assumption of Interest-Bearing Funds use for CWIP

August 26, 2024 732 Views 0 comment Print

AO was not justified in addition of interest expenses debited in the P&L account, a sum of Rs.2,12,94,836/- was capitalized towards CWIP under Section 36(1)(iii) of and added to the total income of the assessee.

Exemption u/s 10(23C)(iv) could not be rejected if net surplus was less than 20% of Total Receipts under second proviso to sec 2(15)

August 24, 2024 912 Views 0 comment Print

Assessee was a non-profit organization registered under Section 25 and was approved U/s.10(23C)(iv). The main activity of the council was to promote exports of leather industries.

Delayed submission of Resolution Plan by one day delay should be condoned

August 24, 2024 942 Views 0 comment Print

Delayed submission by one day of the Resolution Plan by the Applicant should be condoned as it had not caused any delayed or prejudice to the interests of any of the parties or has affected the timelines of CIRP.

Amount received as subscription charge reimbursements not to be considered as ‘FIS’ under India-US DTAA or u/s 9(1)(vii)

August 22, 2024 813 Views 0 comment Print

Amount received as reimbursements for expenses related to software subscription services should not be taxed as technical services income under Article 12 of the of the India-USA Double Taxation Avoidance Agreement ( DTAA ) or Section 9(1)(vii).

ITAT held revision u/s 263 could not address issues beyond limited scrutiny under CASS

August 22, 2024 1299 Views 0 comment Print

Assessee-partnership firm had filed its income tax return declaring income. The case was selected for limited scrutiny, focusing on the issues such as investment in immovable property and share capital/other capital.

Property improvement Expenses disallowed in absence of sufficient evidence

August 13, 2024 2313 Views 0 comment Print

Certain expenses related to cost of improvement of land put forward by assessee were disallowed noting lack of proper and sufficient evidence to support claims of cost incurred for improvement of property.

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