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New Functionalities for Taxpayers on GST Portal in December, 2022

January 12, 2023 8247 Views 1 comment Print

1. Registration 1. Automation of Drop Proceedings for taxpayers suspended upon issuance of SCN in Form GST REG-17. A taxpayer is suspended on the portal if they do not file six or more consecutive monthly returns /quarterly returns (QRMP) for two tax periods in Form GSTR 3B and are issued with a system generated notice […]

Addition merely based on SCN issued by Excise Department not sustain if CESTAT decided in favour of assessee

January 12, 2023 1653 Views 0 comment Print

Zirconia Cera Tech Glazes Vs DCIT (ITAT Ahmedabad) ITAT find that in this case the basis of addition is contents of show-cause notice issued by the Excise Department. An investigation was carried out by DGCEI at assessee premises, wherein it was alleged by the Excise Department that assessee has not declared actual assessable value of […]

Section 153A: Approval of 123 cases by JCIT in one day cannot be said to be with application of mind

January 12, 2023 8181 Views 0 comment Print

In the instant case, the draft assessment orders in 123 cases, i.e. for 123 assessment years placed before the Approving Authority on 30.12.2017 and 31.12.2017 were approved on 31.12.2017

Revisional Jurisdiction cannot be invoked merely for mismatch of truck number

January 12, 2023 735 Views 0 comment Print

PCIT wrongly proceeded to set aside assessment order due to mismatch of truck number in two invoices, which was visibly a clerical mistake.

Car Showroom Renovation expenses allowable as ‘Revenue’ expense

January 12, 2023 1962 Views 0 comment Print

The Assessing Officer issued a show-cause notice why the renovation expenses of four showrooms should not be treated as capital expenditure and allow appropriate depreciation.

Expense having no nexus with Income from other sources cannot be allowed

January 12, 2023 828 Views 0 comment Print

Nirav Dilipkumar Desai Vs ITO (ITAT Ahmedabad) The Assessing Officer observed that the assessee has shown Rs. 11,86,798/- under the head “income from other sources” and in the schedule of other sources. The assessee has shown Rs. 41,15,221/- and claimed expenses of Rs. 29,28,423/-. The Assessing Officer further observed that the expenses claimed has no […]

Non-filing of Annual Returns – MCA imposes penalty of ₹ 833600

January 12, 2023 7137 Views 0 comment Print

MCA imposes total penalty of Rs. 8,33,600 on ‘Best Hosiery Processing Private Limited‘ and its directors for violation of Section 92 (non-filing of Annual Return) and 137 (non-filing of Financial Statement) of the Companies Act, 2013 for the financial year 2018-19, 2019-2020 & 2020-21. GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS OFFICE OF THE REGISTRAR […]

Interest on loan for advance towards development of land is capital expenditure

January 12, 2023 975 Views 0 comment Print

Assessee company had entered into collaboration agreement for development of land and primarily the company was earning rental income. Thus, the interest paid for upcoming projects which was used to be rental has been rightly capitalized.

ITAT deletes Section 272A(2)(k) penalty for delay in filing TDS statement due to lack of Professional assistance

January 12, 2023 7428 Views 0 comment Print

Assessee explained that delay in filing TDS return is due to his negligence, non-awareness of importance of filing TDS return & lack of Professional assistance

Profit from sale of unfinished building taxable as long or short term capital gains

January 12, 2023 3309 Views 0 comment Print

The definition of capital asset as per section 2(14) of the I.T.Act is wide enough to include property of any kind held by an assessee (including an unfinished building) and the sale proceeds of the same would be liable for capital gains as long term capital gains or short term capital gains, depending upon the period of holding.

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