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Failure to upload Tax Audit Report due to demise of Auditor is a reasonable cause

November 6, 2022 1098 Views 0 comment Print

Abha Rajesh Kapoor Vs PCIT (ITAT Mumbai) We find that the issue-in-dispute is whether there was any reasonable cause for failure on the part of the assessee in uploading the Tax Audit Report on the Income-tax portal. In terms of section 44AB, the assessee was required to audit and upload audit report along with return […]

Cash payment for Purchase at remote locate & desert of Rajasthan allowable- Section 40A(3)

November 6, 2022 726 Views 0 comment Print

Grit has been purchased by assessee from petty persons who are illiterate and who make their living by breaking stones by hand tools and they do not possess PAN Cards has not been proved to be false or untrue.

Classification of Menthol Scented Sweet Supari and Flavoured & coated Illaichi 

November 6, 2022 6207 Views 0 comment Print

Menthol Scented Sweet Supari merits classification under CTH 2106 90 30 and Flavoured & coated Illaichi merits classification under CTH 2106 90 99

GST – Opportunity of personal hearing must be provided despite no such request: HC

November 5, 2022 7155 Views 0 comment Print

Graziano Trasmissioni India Private Limited Vs State of Gujarat (Gujarat High Court) The stand on the part of the Department is that the Online Portal mode was chosen by the petitioners, which had resulted in the entire matter having been proceeded Online. The opportunity of hearing was not granted since the same was not requested […]

HC Slams VAT Commissioner for not Granting time to Reply to SCN

November 4, 2022 660 Views 0 comment Print

When the show cause notice itself clearly says that petitioner should file written statement within seven days of receipt of the notice, we fail to understand as to how 1st respondent could have arrived at such a conclusion.

Revival of Proceedings after keeping in call book for 15 years without intimating noticees is unsustainable

November 4, 2022 774 Views 0 comment Print

Siddhi Vinayak Syntex Pvt. Ltd. Vs Union of India (Gujarat High Court) With effect from the year 2011 a time limit has been prescribed for determining the amount of duty of excise where it is possible. It cannot be gainsaid that when the legislature prescribes a time limit, it is incumbent upon the authority to […]

Appeal against acquittal of accused in cheque bounce case can be filed only before HC

November 4, 2022 39933 Views 0 comment Print

Calcutta High Court held that appeal against acquittal of accused in a cheque bounce case can be filed only before High Court under Section 378(4) of CrPC and not before Sessions Court.

Interest on Loans utilized for Business allowable as Business Expenditure

November 4, 2022 336 Views 0 comment Print

Loans obtained by assessee were utilized for its business purposes and therefore, interest so paid would constitute business expenditure and accordingly, an allowable deduction.

ITAT directs AO to consider Additional Evidence related to cash deposit

November 4, 2022 786 Views 0 comment Print

Dr. BR Ambedkar Jain Kalyan Swayam Sahayata Samiti Vs ITO (ITAT Delhi) Undisputedly, in course of assessment proceeding the assessee went unrepresented, for whatever may the reason. Therefore, the assessee did not get any opportunity to explain the source of cash deposits made in the bank account with supporting evidence. However, before learned first appellate […]

No service Tax on Transport Service not provided by Goods Transport Agency

November 4, 2022 3249 Views 0 comment Print

Beterman Engineering Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) Appellant has all along taken the view that transport service is not taxable service as it was not provided by the goods transport agency, but by goods transport operator and/or individual truck owners namely an individual either owning or operating. This plea has […]

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