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Reg. Replenishment of the gold or silver to the exporter

November 29, 2018 420 Views 0 comment Print

Provided further that no replenishment of the gold or silver shall be available to the exporter where the exporter avails, in respect of exported product – (i) Cenvat credit on inputs under the Central Excise Act,1944; or (ii) input tax credit on inputs or services or both under Chapter V of the Central Goods and Services Tax Act, 2017; or (iii) refund of input tax credit or refund of integrated tax under section 54 of the Central Goods and Services Tax Act, 2017

Deduction U/s. 80P to cooperative society on Interest earned on FDs and saving bank deposit

November 28, 2018 11340 Views 0 comment Print

Jawala Cooperative Urban Thrift & Credit Society Ltd. Vs ACIT (ITAT Delhi) Funds kept in bank could be said to be ready for utilization by the assessee, cooperative society, in its business of providing credit facilities to its members, and therefore, the income from such monies, kept in bank, were attributable to the business of […]

Notice u/s 143(2) issued by AO before return filing has no meaning

November 28, 2018 2649 Views 0 comment Print

Shri Sudhir Menon Vs ACIT (ITAT Mumbai) The assessee filed return of income under section 148 of the Act vide letter dated 23.05.2013 stating that the original return of income can be treated as return filed in response to notice under section 148 of the Act. It means that the assessee has filed return of […]

ITAT order cannot be termed erroneous for negligence of Dept

November 28, 2018 648 Views 0 comment Print

ITO Vs M/s. Iraisaa Hotels Pvt. Ltd. (ITAT Mumbai) If we examine the facts of the present case it can be seen that in the previous year relevant to the assessment year under dispute, the assessee had received certain unsecured loan and share capital investment which were examined by the Assessing Officer during the assessment […]

Reassessment u/s 147 void in absence of fresh tangible material with AO

November 28, 2018 3756 Views 0 comment Print

ACIT Vs M/s Goldmohur Design and Apparel Park Ltd. (ITAT Mumbai) Under the new provisions of section 147, an assessment can be reopened if the Assessing Officer has ‘reason to believe’ that income chargeable to tax has escaped assessment; but if he wants to do so after a period of four years or merely on […]

Notice U/s. 148 valid despite no fresh material if Return was processed U/s. 143(1)

November 28, 2018 1590 Views 0 comment Print

Ajay Narayan Bhoir Vs ACIT (ITAT Mumbai) In case of return of income processed under section 143(1), the only condition to be satisfied for reopening is that taxable income has escaped assessment and the assessee’s plea that no fresh material was there before the AO warranting re-opening, was not relevant. FULL TEXT OF THE ITAT […]

No Penalty for withdrawal of higher depreciation claim during assessment

November 28, 2018 1410 Views 0 comment Print

Where assessee had claimed depreciation on building at revalued figures and later on withdrawn the excess depreciation during the course of assessment proceedings to buy peace, the imposition of penalty under section 271(1)(c) was invalid because mere making of wrong claim would not automatically lead to an inference of furnishing inaccurate particulars or concealment of income.

Non-issuance of notice U/s. 143(2) & Applicability of section 292BB

November 28, 2018 2607 Views 0 comment Print

PCIT Vs Oberoi Hotels Pvt. Ltd. (Calcutta High Court) Section 292BB does not dispense with issuance of any notice that is mandated to be issued under the Act, but merely cures the defect of service of such notice if an objection in such regard is not taken before completion of assessment or reassessment as time […]

Classification of Scientific & Technical Instruments: Application withdrawn

November 28, 2018 981 Views 0 comment Print

In re M/s C M Enviro Systems Private Limited (GST AAR Karnataka) Applicant has sought for Advance Ruling on the question that Can our product be classified as Scientific ek Technical Instruments, Equipments under a relevant Chapter Headingt. But the Applicant requested to permit them to withdraw the application filed for advance ruling vide their […]

Annual Return and GST Audit: (9 Questions for GSTR-9 and 9C)

November 28, 2018 39093 Views 12 comments Print

Ever since GST implemented from 01st July 2017 there were several rumours and anticipation for GST Annual return and reconciliation of Annual return with GST Audit. Government has through Notification number 39/2018-CT dated 04.09.2018 and Notification number 49/2018 -CT dated 13.09.2018 have notified GSTR 9 & 9A (Annual Return for Regular & Composite dealer) and GSTR 9C (GST Audit Form), respectively.

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