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AO must specify if ITR not been filed by appellant in his Section 148A(b) order

October 17, 2022 1194 Views 0 comment Print

Delhi HC quashes order under Section 148A(d), remands to Assessing Officer. Petitioner to provide sale/purchase deed for fresh decision.

NAA order investigation of all projects of Bengal Peerless Housing Development Company

October 16, 2022 903 Views 0 comment Print

Sh. Sourav Majee Vs Bengal Peerless Housing Development Company Ltd. (NAA) The National Anti-Profiteering Authority (NAA or Authority) finds from the above table that substantial Cenvat Credit of Rs. 7.32 crore was available to the Respondent in 2016-17 i.e during pre-GST period. The DGAP Report dated 12.11.2021 is silent on the above said amount of […]

NAA order reinvestigation by DGAP against Praxis Home Retail Ltd.

October 16, 2022 3087 Views 0 comment Print

Sh. K.G.M. Shushan Vs Praxis Home Retail Ltd. (NAA) NAA finds that the DGAP claimed that he has collected all relevant data and information including documents from the Respondent and have carried out in-depth investigation. However, after going through the DGAP’s investigation report, its annexures & calculations, the Respondent’s submissions and the other facts on […]

No penalty on cash loan taken by AOP from Members to meet urgent needs

October 16, 2022 2184 Views 0 comment Print

CIT Vs Panchsheel Owners Associations (Gujarat High Court) While completing the assessment, the Assessing Officer has noticed that the assessee, an AOP, borrowed loan of Rs. 40,00,000/- from Smt. Shantaben A. Patel, main promoter of the AOP, in cash for expeditious acquisition of land, in violation of section 269SS of the I.T. Act. Therefore, penalty […]

HC directs appellant to resubmit GST appeal either electronically or manually

October 16, 2022 678 Views 0 comment Print

Sri Lakshmi Venkateswara General Merchants and Commission Agents Vs State of Andhra Pradesh (Andhra Pradesh High Court) It is true that Rule 26(1) specifies that all applications including the appeals which are required to be submitted under the provisions of these Rules shall be so submitted electronically with a digital signature certificate or through e-signature […]

Special Additional Excise Duty on Diesel increased to Rs. 10.50 per litre

October 15, 2022 582 Views 0 comment Print

Seeks to further amend Notification No. 04/2022-Central Excise, dated the 30th June, 2022, to increase the Special Additional Excise Duty on Diesel to Rs. 10.50 per litre vide Notification No. 35/2022-Central Excise | Dated: the 15th October, 2022. MINISTRY OF FINANCE (Department of Revenue) New Delhi Notification No. 35/2022-Central Excise | Dated: the 15th October, […]

SAED on Petroleum Crude Production & Aviation Turbine Fuel export increased

October 15, 2022 708 Views 0 comment Print

Seeks to amend Notification No. 18/2022-Central Excise, dated the 19th July, 2022 to increase Special Additional Excise Duty (SAED) on production of Petroleum Crude to Rs. 11,000 per tonne and on export of Aviation Turbine Fuel to Rs.  3.50 per litre vide Notification No. 34/2022-Central Excise | Dated: the 15th October, 2022. MINISTRY OF FINANCE […]

Penalty cannot be imposed on declared income shown in return of income 

October 14, 2022 2424 Views 0 comment Print

DCIT Vs Mahalaxmi Realtors (ITAT Pune) ITAT held that findings in the assessment proceedings cannot be regarded as conclusive for the purpose of the penalty proceedings. It is also well settled that the criteria and yardstick for the purpose of imposing penalty u/s 271(1)(c) are different than those applied for making or confirming the addition. […]

Amortization & allowability of Expenses under section 35D & 37- ITAT remands matter back to AO

October 14, 2022 1155 Views 0 comment Print

DCIT Vs L & T Access Distribution Services Ltd. (ITAT Mumbai) On the one hand, it is argued by the Ld. A.R. for the assessee before the Ld. CIT(A) that the expenditure of Rs.13.30 crores is for the purpose of setting up of the business of the assessee, but at the same time argued that […]

Advocate cannot be sued For Cheating/Fraud Merely on Losing Case

October 14, 2022 7563 Views 1 comment Print

Merely because a client were not to succeed in the matter and favourable orders were not passed in favour of that particular client, the said client cannot make out a case that there is a fraud which has been committed by the Advocate and offence under Sections 406 and 420 of IPC which has been committed by an Advocate.

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