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Implementation of Circular on ‘Execution of ‘Demat Debit & Pledge Instruction’ extended

June 30, 2022 552 Views 0 comment Print

Securities and Exchange Board of India Circular No. SEBI/HO/MIRSD/DoP/P/CIR/2022/91 | Dated: June 30, 2022 To, All Depositories All Recognised Stock Exchanges Dear Sir/Madam, Sub: Implementation of Circular on ‘Execution of ‘Demat Debit and Pledge Instruction’ (DDPI) for transfer of securities towards deliveries / settlement obligations and pledging / re-pledging of securities’ – Extension SEBI vide […]

Validity of Satisfaction to reopen Assessment recorded with one word “Yes”

June 30, 2022 1140 Views 0 comment Print

Kedar Cotton Industries Vs DCIT (ITAT Ahmedabad) It is observed that the approval to reopen the assessment in the present case and issue notice under Section 148 of the Act to the assessee was accorded by the learned Principal Commissioner of Income-tax by recording his satisfaction in one word ‘Yes‘ and even the learned DR […]

GST: Voluntary statement cannot substitute pre-show cause notice consultation

June 30, 2022 1485 Views 0 comment Print

Mandatory requirement of pre-show cause notice consultation, as embedded in Rule 142 (1A) of the Central Goods and Service Tax Rules, 2017 – Voluntary statement cannot substitute pre-show cause notice consultation

Additions in Reassessment Proceedings not Sustainable If no Addition on Primary Grounds

June 30, 2022 5367 Views 0 comment Print

Honble Delhi High Court considering the decision of the Honble Bombay High Court in the case of CIT Vs. M/s. Jet Airways (I) Limited (2011) 331 ITR 236 (Bom.) held that if the Assessing Officer does not make any addition on the primary ground on the basis of which proceedings under Section 147 were initiated he cannot make other additions.

Wrongful Availment of ITC is a Bailable and non-cognizable Offence: HC

June 29, 2022 1002 Views 0 comment Print

The applicant is in jail since 27th October, 2021 i.e. for more than 9 months. Appellant contended that it is settled law that in criminal jurisdiction, presumption of innocence has to be presumed. It is further submitted that in the GST portal, there is no system of cross-checking in their software for the traders who are wrongfully availing Input Tax Credit.

CESTAT upheld penalty for issue of Invoices without Movement of Goods

June 29, 2022 798 Views 0 comment Print

Explore the CESTAT Ahmedabad ruling on Steel & Metals Co. penalty for CENVAT invoicing violations. Understand the case, analysis, and the implications of Rule 26.

Reopening for cash deposit valid if assessee not offers any explanation

June 29, 2022 837 Views 0 comment Print

Explore the dispute in Sh. Avtar Singh case where the Assessing Officer decision to reopen the assessment is challenged. Detailed analysis of cash deposits and legal aspects.

Addition for Cash Gift valid on failure of Assessee to substantiate cash gift

June 29, 2022 342 Views 0 comment Print

In the case of Shri M.Y. Jahabar Sadique vs. ITO, ITAT Chennai confirms AO decision on unexplained cash gifts and discrepancies in business advances. Detailed analysis here.

Section 263 revision valid on absence or lack of enquiry

June 29, 2022 462 Views 0 comment Print

It is a clear case of an omission and, thus, non-application mind by the AO in the matter. That an absence or lack of enquiry, which ought to have been made under the circumstances, renders the order as erroneous in-so-far as it is prejudicial to the interest of the Revenue, liable for revision u/s. 263,

No section 271B penalty for delay due to appointment of new Auditor

June 29, 2022 1179 Views 0 comment Print

The new auditor, as per the established procedure, sought a no objection from the earlier auditor, who raised certain objections. Those issues were resolved later on, which led to the delay in the audit of the accounts of the assessee.

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