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HC directs payment of Interest on delayed payment of Salary help-up for 21 years

June 21, 2022 13548 Views 0 comment Print

Sovakar Guru Vs State of Odisha and Ors. (Orissa High Court) The grievance of the Petitioner, insofar as payment of arrears is concerned, has already been redressed but the interest component of the amount which has been held up for the last twenty-one years, is required to be paid. There is no dispute about the […]

Service Tax refund claim filed after GST introduction not hit by limitation

June 21, 2022 1491 Views 0 comment Print

No limitation is applicable to claim of Service Tax refund claim filed after GST introduction due to overriding effect of Section 142(8)(b) of CGST Act and claim can be denied only on grounds of unjust enrichment.

Income from Sale of Shares treated as Business Income as Assessee himself treated the same as Business Income in earlier & Subsequent years

June 21, 2022 438 Views 0 comment Print

Income from Sale of Shares treated as Business Income as Assessee himself treated the same as Business Income in earlier & Subsequent years

Cash Gift from Father Taxable on failure to prove creditworthiness

June 21, 2022 37284 Views 0 comment Print

Praveen Kumar Chauhan Vs ITO (ITAT Delhi) Revenue submitted that the assessee failed to explain the source of cash deposits. The only contention of the assessee before the authorities below was that the amount was received as a gift from his father. He submitted that the assessee has merely filed an affidavit. However, creditworthiness of […]

No penalty for non-furnishing of segmental details of AE & non-AE transactions due to practical difficulties

June 21, 2022 798 Views 0 comment Print

ITAT held considering the practical difficulties involved in furnishing the segmental details of AE transactions and non-AE transactions, penalty under Sec. 271G could not be justifiably imposed.

No Deemed Dividend If Loans & Advances in Normal Business benefits both Payer & Payee

June 20, 2022 672 Views 0 comment Print

ITAT held that where loans and advances are given in normal course of business and transaction in question benefits both payer and payee companies, provisions of section 2(22)(e) cannot be invoked.

CESTAT imposes penalty for Sale of Gas Cylinder without scrapping as per Gas Cylinder Rules, 2004

June 20, 2022 306 Views 0 comment Print

Appellant have sold /disposed of the cylinder without scrapping it which is mandatory as per the Gas Cylinder Rules, 2004. For contravention of provisions, the appellant was rightly imposed penalty under section 112(a) of Customs Act, 1962.

ITAT imposes Cost on Assessee for Lackadaisical & non co-operative attitude

June 20, 2022 192 Views 0 comment Print

ITAT imposes cost of Rs.25,000 for lackadaisical and non co-operative attitude of the assessee towards the quantum proceedings

In absence of specific allegation & proof extended limitation period cannot be invoked

June 20, 2022 930 Views 0 comment Print

It has merely stated that the fact of non-payment would not come to notice but for the verification of the audit department. In the absence of any specific allegation and proof that the appellant has suppressed facts, the extended period cannot be invoked.

Section 272A(1)(C) penalty sustainable for Violation of Section 131

June 20, 2022 906 Views 0 comment Print

Assessee did not appear on the date of hearing and did not furnish any application stating any reasonable cause for not appearing on the given date nor requested any adjournment. Thus, there is a clear violation of provision of Section 131 of the Act and penalty u/s 272A(1)(C) of the Act is attracted.

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