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ITAT exonerate assessee incurring huge losses from section 271(1)(b) penalty

May 15, 2022 915 Views 0 comment Print

No mala fide can be inferred where assessee is nursing such huge losses at its disposal. ITAT find that mitigating circumstances exists to exonerate assessee from clutches of penalty under Section 271(1)(b)

Reopening not allowable to disallow prior period expenses duly disclosed during original Assessment

May 15, 2022 801 Views 0 comment Print

ITAT Delhi held that Reopening not allowable to disallow prior period expenses which were duly disclosed during original Assessment in Financial Statements and Tax Audit report

3.26 lakh dealers not paid a single rupee as GST during 2021-2022

May 14, 2022 11589 Views 0 comment Print

Commercial Taxes Department has identified 3.26 lakh dealers as not having paid a single rupee as GST during the year 2021-2022. Similarly, about 1.94 lakh dealers have paid less than Rs.1000 as GST for the entire year.

GST: Interest cannot be demanded when amount of tax was available in credit ledger

May 14, 2022 20190 Views 0 comment Print

Tvl. Kumaran Filaments (P) Ltd. Vs Commissioner of Central GST and Central Excise (Madras High Court) Insofar as the due of interest is concerned, the factual matrix is that, the entire amount of Rs.50,21,080/- was very much available in the credit of the petitioner for the whole period, therefore, if at all, the same is […]

Corpus fund utilised for purchase of capital asset cannot be added to Income of Trust

May 14, 2022 3438 Views 0 comment Print

CIT(A) and ITAT have set aside the assessment order on the ground that Rs.19 crore cannot be added as additional income of the Trust since exemption on corpus donation is allowed on purchase of land, as it is a purchase of capital asset.

Tax on royalty from trademark of ‘brand’ Marriott’ – ITAT referred matter back to AO

May 14, 2022 1158 Views 0 comment Print

Marriott International Inc Vs DCIT (ITAT Mumbai) The only issue involved in this appeal is that income of royalty arising out of the above trademark of ‘brand’ Marriott’ is taxable in the hands of the assessee or not. Now, assessee has given a registration certificate dated 21st august, 2006 and covers above assessment years. No […]

TDS not deductible on Reimbursement of Salary on Cost to Cost basis; Salary Income of recipient cannot be treated as FTS

May 14, 2022 3654 Views 0 comment Print

Goldman Sachs Services Pvt. Ltd. Vs DCIT (ITAT Bangalore) Admittedly, the assessee deducted tax at source u/s.192 of the Act, on the 100% salary paid to the seconded employees, and paid the same to the credit of the Central Government. The assessee only reimbursed part of the salary cost of the seconded employee to overseas […]

Section 40A(3) not applies on cash purchases made from Mandi Samiti

May 14, 2022 5217 Views 0 comment Print

KRBL Ltd. Vs DCIT (ITAT Delhi) During the course of assessment proceedings, the appellant submitted that the cash purchases were made by it from Mandi Samitis located across UP from farmers and hence did not fall under the ambit of the provisions of section 40A(3) of the Act, as the same were covered by Rule […]

SC Quashes Prosecution under PMLA after considering Income Tax Dept & CBI report

May 14, 2022 1512 Views 0 comment Print

J. Sekar @ Sekar Reddy Vs Directorate of Enforcement (Supreme Court of India) It is most relevant to note that CBI after investigation in the main case in RC MA1 2016 A0040 submitted the closure report before the Additional Sessions Judge, CBI Court, Chennai in exercise of power under Section 173(2) Cr.P.C. The said report […]

Issue of Section 148A notice mandatory before issuing any notice U/s. 148

May 14, 2022 876 Views 0 comment Print

Dinesh Agarwal Vs ACIT (Calcutta High Court) Considering these facts, HC was of the considered view that this case clearly falls under the amended Act relating to proceedings under section 147 of the Act under which issuance of notice under section 148A of the Act is mandatory before issuing any notice under section 148 of […]

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