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Penalty cannot be imposed on declared income shown in return of income 

October 14, 2022 3051 Views 0 comment Print

DCIT Vs Mahalaxmi Realtors (ITAT Pune) ITAT held that findings in the assessment proceedings cannot be regarded as conclusive for the purpose of the penalty proceedings. It is also well settled that the criteria and yardstick for the purpose of imposing penalty u/s 271(1)(c) are different than those applied for making or confirming the addition. […]

Amortization & allowability of Expenses under section 35D & 37- ITAT remands matter back to AO

October 14, 2022 1620 Views 0 comment Print

DCIT Vs L & T Access Distribution Services Ltd. (ITAT Mumbai) On the one hand, it is argued by the Ld. A.R. for the assessee before the Ld. CIT(A) that the expenditure of Rs.13.30 crores is for the purpose of setting up of the business of the assessee, but at the same time argued that […]

Advocate cannot be sued For Cheating/Fraud Merely on Losing Case

October 14, 2022 7950 Views 1 comment Print

Merely because a client were not to succeed in the matter and favourable orders were not passed in favour of that particular client, the said client cannot make out a case that there is a fraud which has been committed by the Advocate and offence under Sections 406 and 420 of IPC which has been committed by an Advocate.

GST Council Newsletter for the month of September 2022

October 14, 2022 2157 Views 0 comment Print

Time limit for suspension of registration in case of regular registration has been prescribed vide Rule 21 (h) as 6 months from the due date of GSTR 3B. Time limit for suspension of registration in case of composition levy has been prescribed vide Rule 21 (i) as 3 months from the due date of GSTR 4.

Introduction of Customs Brokers Licensing Management System (CBLMS)

October 14, 2022 4707 Views 1 comment Print

It has been decided to implement CB Profile module of CBLMS project which entails integration of data of existing Customs Brokers in CBLMS portal

Appeal e-filed timely cannot be set-aside for mere delay in certified physical copy submission

October 14, 2022 1992 Views 0 comment Print

G.G. Agencies Girijeshwar Rice Mill Vs State of Karnataka & Ors. (Karnataka High Court) High Court held that as long as the appeal was preferred electronically within the prescribed period, merely because the certified copy was subsequently filed physically by the petitioner / assessee, the said circumstance cannot be made the basis to come to […]

Tariff Notification No. 89/2022-Customs (N.T.), Dated: 14.10.2022

October 14, 2022 945 Views 0 comment Print

Tariff Notification No. 89/2022-Customs (N.T.), Dated: 14.10.2022 – Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs Notification No. 89/2022-Customs (N.T.) New Delhi, 14th October, 2022 ASVINA 22, 1944 (SAKA) S.O. 4894(E).– In exercise […]

Land appurtenant to building – No rider under section 54 on size of land

October 13, 2022 13629 Views 0 comment Print

Section 54 does not put any rider that deduction in respect of investment in acquisition of land appurtenant to building will not quality for exemption.

GST ITC refund Scam: HC grants Bail to Gurugram CA

October 13, 2022 7437 Views 0 comment Print

In the present case, he had been paid professional fee for uploading of the refund of Input Tax Credit. The petitioner and his co-accused Sunil Mahalawat were colleagues, as such the UDIN was borrowed by the petitioner from him for uploading and issuance of the CA certificate.

IRDAI amends Guidelines on Product Filing Procedures

October 13, 2022 1266 Views 0 comment Print

IRDAI permits general insurers to file all products under Miscellaneous lines of business (including modifications of current products) under Use and File procedure for both Retail and Commercial categories.

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