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CESTAT allows refund of CVD & SAD paid during GST regime for import made pre June 2017

June 27, 2022 1611 Views 0 comment Print

Explore the case of ITCO Industries Ltd. vs. GST Commissioner, CESTAT Chennai’s verdict on GST refund denial, advance authorizations, and compliance issues. Get insights into the legal analysis and its implications.

Reassessment without service of notice is without jurisdiction

June 27, 2022 909 Views 0 comment Print

ITAT held that where notice u/s 148 was not served on the assessee in accordance with law the reassessment made consequent thereto was without jurisdiction and liable to be quashed. In the case on hand as the Revenue could not prove the service of notice u/s 148 on the assessee in accordance with law the re-assessment made u/s 147 read with section 144 pursuant to such notice is void ab initio and bad in law.

In case of conflict between a contract and law, the Law prevails

June 27, 2022 4731 Views 0 comment Print

Framing laws is the sovereign right of the state and this is not subservient to any contract between two businesses. Needless to say that in the case of any conflict between a contract and the law, the latter prevails.

Section 80G(5)(vi) ITAT allows delayed submission of documents due to Covid

June 27, 2022 891 Views 0 comment Print

Explore the ITAT Jaipur ruling in Shree Radheshyam Sharnam Vs CIT case. Delve into the impact of Covid-19 on document submission, appeal delays, and the final decision under section 80G(5)(vi).

No penalty for Deduction reduced on account of interpretative process

June 27, 2022 411 Views 0 comment Print

Deduction reduced on account of interpretative process cannot per se be equated with furnishing of inaccurate particulars of income.

TCS credit shall be given to person from whom tax has been collected

June 27, 2022 2583 Views 0 comment Print

Explore Jayaprakasha Rai appeal against ITAT Bangalore order on TCS credit denial for Assessment Year 2018-19. Detailed analysis and implications discussed.

Section 271C penalty not imposable if TDS was not deductible

June 27, 2022 1104 Views 0 comment Print

Assessee has challenged the imposition of penalty under Section 271C of the Income Tax Act for non deduction of tax at source as per provisions of Chapter XVII-B towards amount paid as External Development Charges (EDC) to Directorate of Town and Country Planning, Haryana (Haryana Government) (DGTCP) through banking channel favouring Haryana Urban Development Authority (HUDA).

CBDT notifies Seventy Second Investment Company LLC U/s. 10(23FE)

June 27, 2022 1098 Views 0 comment Print

Notification of Seventy Second Investment Company LLC as a sovereign wealth fund under section 10(23FE) of the Income tax Act, 1961 vide Notification No. 69/2022-Income Tax, Dated: 27.06.2022 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) New Delhi, the 27th June, 2022 Notification No. 69/2022-Income Tax S.O. 2910(E).—In exercise of powers conferred […]

No Section 271(1)(b) penalty where assessment is completed u/s 143(3)

June 27, 2022 537 Views 0 comment Print

Explore the case of Salasar Derivatives Pvt. Ltd. against ITO, focusing on the justification of penalty under section 271(1)(b) of the Income Tax Act. Detailed analysis and conclusion.

ITAT allows addition for cash deposit in bank on Peak Credit Basis

June 27, 2022 846 Views 0 comment Print

Explore the case of Vakeel Ahmad against ITO, focusing on bank deposits, withdrawals, and the taxation of peak credit. Detailed analysis of the order by ITAT Lucknow for Assessment Year 2010-11.

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