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ITAT Condones Delay in filing Appeal due to Professional Lapse of Tax Consultant

December 31, 2022 1314 Views 0 comment Print

Ishwarsingh Ramchandra Jangid Vs ITO (ITAT Ahmedabad) Prima facie it appears that the assessee is not in town during the specific period of assessment proceedings as well as the proceedings before the CIT(A) and the assessee’s consultant has not taken proper measure for filing the appeal before the CIT(A) and also not appeared before the […]

Facebook post of 2019 cannot be considered for Assessment of 2018

December 31, 2022 762 Views 0 comment Print

Syamaladasan Kumaran Vs State Tax Officer (Kerala High Court) A reading of order shows that the proceedings were initiated and continued against the petitioner on the basis of certain facebook posts which showed that the petitioner was dealing in branded rice. The contentions taken by the petitioner that the facebook post itself was of the […]

Prima facie no negligence by IRP Sunil Kumar Agarwal under IBC: Gujarat HC

December 31, 2022 912 Views 0 comment Print

HC held that Prima facie, having read the provisions of Sec.12 (2) of the I.B.C and the contents of the order under challenge which extensively quoted the observations of the adjudicating authority, it is evident that there cannot be any negligence attributed to the petitioner who was to follow the provisions of Sub-sec.2 of Sec.12 of I.B.C.

Section 44AB: Turnover not include sales affected on behalf of principals

December 31, 2022 1731 Views 0 comment Print

Devki Nandan Bindal Vs ITO (ITAT Delhi) The Board has clarified that the turnover does not include the sales affected on behalf of the principals and only the gross commission has to be considered for the purposes of section 44AB where the agents act only as an agent of his constituent and never acts as […]

Bogus Purchases Disallowance restricted to profit element embedded in bogus purchases

December 31, 2022 2538 Views 0 comment Print

In case of Bogus Purchases, the entire purchase cannot be disallowed but the disallowance can be restricted to the profit element embedded in Bogus purchases.

Delay & laches not to be calculated solely by length of time taken by party to approach legal forum

December 31, 2022 675 Views 0 comment Print

Delay and laches are not to be calculated solely by the length of the time taken by the party to approach the legal forum. It is elementary principle that none stands to benefit by lodging an appeal or a petition belatedly.

Penalty under Rule 26 cannot be imposed for issuance of bogus LRs prior to 01.04.2007

December 31, 2022 483 Views 0 comment Print

Rajesh Kumar Narula Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that there is no dispute about the fact that the period involved in the present case is 2004-05. The offence of issuing bogus LR can at the most fall under the provision of Rule 26(2) of Central Excise Rules, 2002. However, the said provision […]

Application of income cannot be examined while granting section 12AA registration

December 31, 2022 726 Views 0 comment Print

It is settled principle of law that at the stage of granting registration u/s 12AA of the Act, ld. CIT (E) is not to examine the application of income, which is to be done by the AO on year to year basis at the time of deciding the exemption u/s 11 of the Act

ITAT refuses to Condones delay of 1315 days in appeal filing as no reasonable cause exist

December 31, 2022 588 Views 0 comment Print

Janata Urban Co-op. Bank Ltd. Vs ACIT (ITAT Pune) The impugned order was passed in 2017, the appeal was filed in 2021. The assessee has filed return of income which clearly shows that the assessee is supported by professionals having expertise in Income Tax procedures. The delay of 685 days cannot be accepted as the […]

50 Common MCA21/V2/V3 Portal Issues & Solutions

December 30, 2022 59109 Views 10 comments Print

1:  Not able to upload Form CHG-9 since many days. Please convert to PDF using Microsoft print to PDF facility. Save on your desktop with a simple name, check the file size to be below 2 MB and upload. The issue will be resolved. 2: Charge certificates are not generated. You may navigate to My […]

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