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L’Oreal India Pvt. Ltd. guilty of profiteering under GST: NAA

June 23, 2022 3405 Views 0 comment Print

Director General of Anti-Profiteering Vs L’Oreal India Pvt. Ltd. (NAA) NAA held that – a. Under the provisions of Section 171(2) of the CGST Act 2017 read with Rule 133, the Authority finds that commensurate reduction in the price of the goods has not been effected by the Respondent after the GST rates were reduced […]

ITAT deletes Section 68 addition for SBNs collected prior to Demonetization

June 23, 2022 2304 Views 0 comment Print

Prathamika Krushi Pattina Vs ITO (ITAT Bangalore) In the instant case, there is no dispute with regard to the fact that sources for making deposit of Rs.36.36 lakhs by the assessee whoo is a primary agricultural credit co-operative society into its bank account are the money collected from its members. The AO is also not […]

No royalty on payment for hardware supplied with software forming inseparable part

June 23, 2022 1182 Views 0 comment Print

Payment received by the taxpayer towards GSM system of which software was an inseparable part, which is incapable of independent use, could not be classified as payment towards Royalty

Goods subject to nil Cess rate would be construed as exempt supplies to calculate adjusted total turnover

June 23, 2022 1455 Views 0 comment Print

Goods which are subject to nil rate of cess would be construed as exempt supplies for purposes of formula prescribed Rule 89 (4) of CGST Rules

Penalty leviable on bogus loss offered for taxation after detection

June 23, 2022 636 Views 0 comment Print

Gujarat Smelting & Refining Co. Ltd. Vs ITO (ITAT Ahmedabad) The assessee cannot be absolved from the penalty merely on the reasoning that it has agreed for the addition/disallowance during the quantum proceedings. The Hon’ble Supreme Court in the case of MAK Data Private Ltd versus CIT reported 38 com 448 has held as under: […]

Cash Gift taxable in the year of receipt and not in year it was traced

June 23, 2022 1110 Views 0 comment Print

Gaurav Agarwal Vs DCIT (ITAT Lucknow) From the examination of documents found during search and seizure operation u/s. 132 of the Act the Assessing Officer observed that assessee had received cash gifts of Rs.5,38,000/- in the name of his minor son. The Assessing Officer issued show cause notice to explain the cash gift received of […]

Non- Deduction of TDS: No Addition if deductee included income in ITR

June 23, 2022 1422 Views 0 comment Print

Sh. Nandkishore Bhikamchand Rathi Vs ITO (ITAT Nagpur) The assessment order passed by disallowing an amount of Rs.5,18,596/- on the ground that the assesse has not followed the provision of Section 194A r.w.s. 40(a)(ia) of Income Tax Act, 1961. ITAT find both the CIT(A) and the AO have not examined as to whether or not […]

Classification of inkjet printer’ and ‘ink-jet printing machine’

June 23, 2022 4698 Views 0 comment Print

Goods are not Digital Inkjet Printers or that the goods are not capable of being connected to ADP or network and therefore is not classifiable under 8443 32 50 is against clarification given by CBIC

GST: HC directs de-seal of business premises on submission of relevant documents

June 23, 2022 1413 Views 0 comment Print

Shakti Oil And Chemical Co Vs Commissioner of DGST Delhi (Delhi High Court) According to Mr Babbar, the powers to seal under Section 67(4) of the Delhi Goods and Services Tax Act,2017/Central Goods and Service Tax, 2017 are confined to the fact and situation adverted to in the said provision. Mr Satyakam, on the other […]

Section 263 Revision not permissible on debatable issues

June 23, 2022 831 Views 0 comment Print

Orissa Forest Development Corporation Limited Vs PCIT (ITAT Cuttack) It is admitted by Pr. CIT that he is not going into the merits of the addition as the issue constitute a matter to be adjudicated by the appellate authority. Thus, it is clearly shows that the issue is a debatable issue and it is recognized […]

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