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No section 271B Penalty for not getting audited due to bonafide belief of non-applicability of Tax Audit

May 18, 2023 1020 Views 0 comment Print

Admittedly, the assessee had got the books of account audited for the first time for the relevant assessment year. Prior to the relevant assessment year, the assessee was under the bonafide belief that only the gross commission receipts are to be taken as turnover for the purpose of audit.

No Violation by IP if participation fee was not a deterrent for prospective resolution applicant: IBBI

May 18, 2023 801 Views 0 comment Print

The IP submitted that in order to realize the maximum value for all stakeholders, the liquidator is maintaining the business of the CD on going concern basis as recommended by the CoC. He submitted that the CD was intended to be liquidated as a going concern through e auction mode as provided in IBBI (Liquidation […]

IBBI directs IP to prepare valuation report based on reliable assumptions & documentation

May 17, 2023 489 Views 0 comment Print

The valuation report is based on the professional opinion of the valuer backed by his expertise and skills. Therefore, a valuation report is inherently remains subjective in nature. However, it must be kept in mind that the reliability of the valuation report increases with enhanced reliance on objective criteria. Therefore, it is necessary that all […]

Section 80G Registration cancellation- ITAT allows one more opportunity on principles of natural justice

May 16, 2023 4632 Views 0 comment Print

Explore the case of Dr. Shivajirao Jondhale Research Foundation vs CIT (ITAT Mumbai), where the tribunal remanded the issue of registration under section 80G back to the Commissioner of Income Tax Exemption for fresh consideration, citing principles of natural justice.

Roasted betel nuts fall under Tariff heading 2008: CAAR

May 16, 2023 3042 Views 0 comment Print

Explore the detailed analysis of CAAR Mumbai’s ruling on the classification of roasted areca nuts under the Customs Tariff Act, 1975. Understand the implications of roasting processes and legal interpretations.

Providing documents to Claim fraudulent ITC – HC allows bail to accused

May 16, 2023 1110 Views 0 comment Print

Explore the detailed judgment of Ravinder Kumar vs. State of Haryana, Punjab and Haryana High Court, involving forgery allegations. Legal experts weigh in on the bail decision and its implications.

Section 148A(d) order invalid if approval was taken from wrong authority

May 16, 2023 4662 Views 0 comment Print

Kiran Agarwal challenges an order under Section 148A(d) of the Income Tax Act, citing jurisdictional issues. Calcutta High Court quashes the order due to non-compliance with approval formalities.

Section 35(1)(ii) donation allowed as registration of Institute was valid on donation date

May 15, 2023 3699 Views 0 comment Print

Ravindra K Reshamwala Vs DCIT (ITAT Mumbai) ITAT Mumbai held in favour of assessee with a reason that on the date of giving donation, the registration of the institute was valid u/s 35(1)(ii) granting approval. So deduction for donation can not be disallowed. FULL TEXT OF THE ORDER OF ITAT MUMBAI This appeal filed by […]

HC dismisses Writ against SCN which was based on GST Audit observation

May 14, 2023 16314 Views 0 comment Print

Petitioner challenged SCN based on GST audit report contending that certain observations made in audit report to which petitioner is not liable to pay

Seizure of goods & vehicle for Expiry of E-Way bill- HC directs Disposal of Appeal

May 14, 2023 6837 Views 0 comment Print

Since the E-way bill had expired an order of detention in Form GST MOV-06 and a notice in Form GST MOV-07 were issued wherein the petitioner company was directed to show cause as to why the proposed tax and penalty to the tune of Rs. 19,61,100/- be not imposed.

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