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Education Cess not Allowable as Expenditure under Section 37: SC

January 2, 2023 1632 Views 0 comment Print

Education cess paid by the respondent-assessee would not be allowed as an expenditure under Section 37 read with 40 (a) (ii) of the Income Tax Act, 1961.

HC dismisses Plea Challenging Levy and collection of cess under GST

January 2, 2023 1275 Views 0 comment Print

Ranvir Kumar Karan Vs Union of India (Madhya Pradesh High Court) In view of the Apex court judgment in Civil Appeal No.10177 of 2018 in the case of Union of India vs. Hind Energy and Coal Benefication (India Ltd.) HC dismisses plea challenging Levy and collection of cess under Section 8 of the Goods and […]

Reassessment beyond six years is barred by Limitation & is invalid

January 2, 2023 1140 Views 0 comment Print

Admittedly, the issuance of notice and initiation of re-assessment proceeding are beyond six years and, prima facie, it is barred by limitation both under the old Act as well as under newly amended provision relating to Section 147 of the Act.

Weekly newsletter from Chairman, CBIC dated 02/01/2023

January 2, 2023 654 Views 0 comment Print

The week gone by saw officers of the Directorate of Revenue Intelligence (DRI) detect two clandestine units manufacturing Mephedrone, a psychotropic substance under the Narcotic Drugs & Psychotropic Substances (NDPS) Act, 1985.

Section 11 exemption cannot be denied merely for delay in furnishing of Form 10B

January 1, 2023 8805 Views 0 comment Print

Exemption otherwise available to the assessee trust under section 11 cannot be denied merely on account of delay in furnishing of audit report in form 10B as required under section 12A(b) of the Act.

Co-Op Society can Claim section 80P(2)(d) Deduction of Interest from Deposits in Co-Op Banks

January 1, 2023 1824 Views 0 comment Print

Ashoka Palace Co-op. Hsg. Soc. Ltd. Vs ITO (ITAT Mumbai) The issue whether interest income derived from deposits with cooperative banks is eligible for deduction under section 80P(2)(d) of the Act or not has been considered by Tribunal in catena of decisions. The Co-ordinate Bench in the case of Kaliandas Udyog Bhavan Premises Co-op Society […]

HC quashed order rejecting GST refund without serving relevant notice to petitioner

January 1, 2023 759 Views 0 comment Print

Adisan Laboratories Pvt. Ltd. Vs Union of India (Bombay High Court) The Petitioners have challenged the order passed by the Assistant Commissioner, Central Tax, Pune -1 Commissionerate, Pune dated 31 May 2022 rejecting the claim of the Petitioners for refund due to account of Input Tax Credit accumulated due to inverted duty structure. The procedure […]

HC Stays VAT demand to 15% where appeal is pending to be adjudicated on merits

January 1, 2023 1152 Views 0 comment Print

Court directs that on the deposit of 15% of the total tax liability within a period of 15 days from today, the first appellate authority shall hear and decide the appeal in accordance with law after affording opportunity to both the parties, within a period of next one month.

Section 274 Show cause notice is defective if not specify charge against assessee

January 1, 2023 1485 Views 0 comment Print

Show cause notice issued u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income, such show cause notice are defective.

Addition for difference in form 26AS due to service tax is not sustainable

January 1, 2023 690 Views 0 comment Print

Smt. Taraben Jayantilal Patel Vs DCIT-CPC (ITAT Ahmedabad) The appellant has computed ‘income from house property’ excluding of service tax whereas in Form 26AS it is inclusive of service tax. The order dated 06.08.2019 upon rectification under Section 154 of the Act, the income under the head ‘income from house property’ was computed at Rs.37,12,839/- […]

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