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Assessee should not suffer for technical fault in department’s system: HC

January 1, 2023 1635 Views 0 comment Print

For the technical fault is in the department’s system, petitioner should not be suffered and victimized respect unless the respondents’ specific case with specific record is that the aforesaid objection of the petitioner was uploaded beyond the time granted.

Attachment notice issued without any assessment under section 73 or 74 for the tax demanded not valid – madras high court

January 1, 2023 1350 Views 0 comment Print

Rayan Traders vs Principal Chief Commissioner of GST (Madras High court) It is an admitted position in this case that there has been no order of assessment or any other order passed under the applicable provisions making a determination of the aforesaid amount as being ‘due’ from the petitioner. Neither has the petitioner been assessed […]

No penalty merely for making a wrong claim due to wrong interpretation of section 54EC

January 1, 2023 957 Views 0 comment Print

P.S. Jayaraman Vs ACIT (ITAT Chennai) Ld. CIT(A) concurred with assessee’s submissions that deduction u/s 54F was solely due to difference in interpretations of the provisions and therefore, the penalty was not to be levied on this count. However, the provisions of Sec. 54EC were clear that the investment in a financial year was not […]

Income from Leasing of Multiplex is Business Income

January 1, 2023 1062 Views 0 comment Print

Deep Multiplex Pvt. Ltd. Vs ITO (ITAT Ahmedabad) The assessee consistently followed that the income derived from the lease charges on the multiplex is a business income of the assessee in earlier years as well as in the present year. The assessee has filed appeal before the Tribunal which on merit, the assessee has succeeded. […]

HC set-aside Section 147 proceeding as it was initiated without considering objection of Appellant 

December 31, 2022 693 Views 0 comment Print

HC find that the allegation of the petitioner is substantially correct in the sense that petitioner’s objection to initiation of proceeding under Section 147 and issuance of notice under Section 148 of the Act has neither been considered nor rejected.

Cenvat credit eligible on Materials for making Foundation of Machineries in factory premises

December 31, 2022 1632 Views 0 comment Print

Cenvat credit eligible in respect of Cement, TMT bars, MS angles, channels, beams, racks, plates, etc. used for making foundation of machineries installed in the factory premises and also for making structures for support of the plant.

Section 12AA Registration of Trust cannot be cancelled if objects & Activities are charitable

December 31, 2022 864 Views 0 comment Print

. The settled legal position is that while granting registration to a charitable institutions/Trust if it is at the commencement state the powers of the [CIT(E)] before whom the application is filed is limited to the aspect of examining whether or not the objects of the trust are charitable in nature.

No serious efforts in Investigation of illegal liquors cases in Punjab: SC

December 31, 2022 678 Views 0 comment Print

SC observed that It appears that no serious efforts seem to have been made to reach out to the real guilty/culprits who are in business of manufacture and transportation of such illegal liquors.

Mere use of term ‘mens rea’ not establishes willful attempt to evade tax

December 31, 2022 630 Views 0 comment Print

It is well settled that by merely using the expression mens rea, it would not amount to concluding that there was a willful attempt on the part of the dealer to evade the payment of tax.

Default in Appointment of CS: MCA RD reduces Penalty from Rs. 33.82 Lakh to Rs. 2.08 Lakh

December 29, 2022 432 Views 0 comment Print

Explore the adjudication order concerning Avanti Leathers Limited under the Companies Act, 2013, addressing penalties for non-compliance with section 203.

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