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Liability for dishonour of cheque also on borrower/ taker receiving cash loan beyond specified limit u/s 269SS

January 1, 2024 2577 Views 0 comment Print

No person should accept any loan or deposit of a sum of Rs.20,000/- or more otherwise than by an account payee cheque or account payee bank draft. Where a person advance cash more than Rs.20,000/- to another person, restriction on cash advances was, in fact, on the taker and not on the person who made an advance.

Order passed u/s 153A invalid as same was passed on non-existing entity

December 31, 2023 1632 Views 0 comment Print

Learn how Avaada Ventures Private Limited challenged an invalid Section 153A order in ITAT Mumbai. Analysis of the case, judgment, and conclusion provided.

No addition u/s 69 for advances received against booking of flats by treating it as unexplained expenditure

December 30, 2023 2031 Views 0 comment Print

Assessee-individual was carrying out various types of business including property development, liquor shop, medicine shop and rental income. The return was selected for scrutiny by issuance of notice u/s 143(2) and 142(1).

Interest on deposits from co-op bank eligible for Section 80(2)(d) deduction

December 30, 2023 8703 Views 0 comment Print

Co-operative society received/earned interest on deposits with the co-operative bank was eligible for claim of deduction under section 80(2)(d).

No exemption of service tax u/s 66D to Civic Body for amounts paid for obtaining third party services

December 29, 2023 507 Views 0 comment Print

Corporation availing services of assessee to render computer education to persons belonging to economically weaker section as regards which the Corporation had made the payment of monies to assessee would be amenable to service tax, that is to say, it was not exempted from service tax.

Mere suppression of facts without intent to evade tax not enough to invoke extended period of Limitation

December 29, 2023 6810 Views 0 comment Print

Mere suppression of facts was not enough and there must be a deliberate and willful attempt on the part of the assessee to evade payment of duty.

Distribution Companies Not Authorized to Collect GST on Electricity & Related Services

December 29, 2023 2103 Views 0 comment Print

Electricity distribution companies were not entitled to collect gst from their customers and charges for metering equipment, testing fee for meter, labour charges from customers for shifting of meters, charges for bills and application for releasing connection of electricity were all integral part of services of distribution of electricity.

Conditional release of seized Gold and Gold Items inspite of Customs Appeals by Revenue

December 29, 2023 2769 Views 0 comment Print

Gold and gold items seized from assessee were to be released after the orders-in-original had been passed in favour of assessees, on furnishing securities other than bank guarantees and execution of the bonds to the satisfaction of proper customs authority.

Income Tax Notice issued prior to date of approval of Resolution Plan was quashed

December 28, 2023 1431 Views 0 comment Print

The impugned notices and orders were issued by the respondents/revenue admittedly subsequent to the public announcement under Section 15 of the Code regarding CIRP process pertaining to assessee and it was only subsequent to approval of the Resolution Plan of the Tribunal that Revenue issued the impugned Assessment Order and Demand Notice.

CESTAT having lack of jurisdiction on appeals against Orders of Commissioner (Appeals) on Duty Drawback; refund order was quashed

December 28, 2023 1095 Views 0 comment Print

The order passed by CESTAT was without jurisdiction, the Revenue, thus, was right in observing that the refund order sanctioned in favour of the Firm pursuant to the order of CESTAT, was required to be reviewed.

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