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CESTAT grants 12% interest on amount refundable pursuant to order of Appellate Court

December 8, 2021 1866 Views 0 comment Print

Jovex International Vs Commissioner, Central Tax (CESTAT Delhi) In this case applicable section for grant of interest is Section 35FF, which provides for grant of interest on the amount refundable pursuant to order of the Appellate Court. It is further provided in this section that interest should be granted from the date of deposit till […]

eForm ADJ – Filing of Memorandum of Appeal

December 7, 2021 3669 Views 0 comment Print

 e-Form ADJ – Memorandum of Appeal Part I – Law(s) Governing the eForm ADJ Section and Rule Number(s) eForm ADJ is required to be filed pursuant to section 454(5) of the Companies Act, 2013 and Rule 4(1) of Companies(Adjudication of Penalties) Rules, 2014 which is reproduced for your reference. Section 454: (1) The Central Government […]

Bogus purchases: Entire purchases cannot be taxed

December 7, 2021 4134 Views 0 comment Print

United Waterproofing Corporation Vs ITO (ITAT Mumbai) We note that Ld. CIT(A) has enhanced the addition on account of bogus purchases to 100% of the bogus purchases as against 12.5% applied by the AO. The only reason given by the Ld. CIT(A) is that the assessee has failed to prove the genuineness of purchases and […]

HC stays SCN issued post Amalgamation in the Name of Amalgamating Company

December 7, 2021 1356 Views 0 comment Print

Learned counsel for writ petitioner submits that the issue of SCN and culmination of the same in the impugned order in the name of amalgamating company is ex facie illegal and liable to be set aside. As issue of notice i.e., SCN and assessment qua a non-existent entity (albeit a juristic person) is a jurisdictional error warranting interference in writ jurisdiction is learned counsel’s say.

Registration of Sale Component of Redevelopment & SRA projects- Documents to be attached

December 7, 2021 3939 Views 0 comment Print

Following documents have to be attached for registration of Sale Component of Redevelopment Projects: Resolution / NoC from Society/Association of residents of the rehabilitation component confirming the Promoter’s rights to undertake the redevelopment project. LoI / NoC / Equivalent Document from the Planning Authority confirming Promoter’s rights to undertake the redevelopment project.

Give Effect on Assessment through Web service for AY 2016-17 – reg

December 6, 2021 1806 Views 0 comment Print

t is informed that the functionality in ITBA for passing Give Effect Orders through Web Service on Processing u/s 143(1) of the Income-tax Act’ 1961 for A.Y. 2016-17 was deployed earlier. Now functionality for Give Effect on Assessment through Web service for A.Y. 2016-17 is also live in ITBA w.e.f. 29.10.2021.

Income Tax Department conducts search operations in West Bengal

December 6, 2021 2403 Views 0 comment Print

The Income Tax Department initiated a search and seizure operation on a prominent Kolkata-based Group, engaged in manufacturing of TMT Bars and structural construction materials etc. on 01.12.2021.  The search action covered more than 20 premises spread over West Bengal and Odisha. The action unearthed various methods of tax evasion adopted by the group. A large number of […]

HC Quashes reopening notice issued merely based on change of opinion

December 5, 2021 1527 Views 0 comment Print

Rama Devi Sabat Vs DCIT (Orissa High Court) Contending that the initiation of the reassessment proceedings was based merely on a change of opinion, the present petition has been filed. A perusal of the reasons mentioned above for reopening of the assessment reveals that there was no new material available with department. It is also […]

Loan repayment allowable as Application of Income If Cost of Assets purchased out of Loan was not allowed

December 5, 2021 10335 Views 0 comment Print

Dr. Chandrashekar Foundation Vs CIT (ITAT Bangalore) With regard to issue relating to repayment of loan, we modify the direction of the CIT (Exemptions) and direct the A.O. to examine this claim afresh i.e. if the cost of assets acquired out of loan funds have already been allowed as application of income, then the repayment […]

Himsa Plus Oil Classifiable under Chapter heading 3305.90

December 5, 2021 6399 Views 0 comment Print

In re Surya Ayurved (GST AAR Uttar Pradesh) Q-1 Applicable G.S.T rate on Himsa Plus Oil, which is a ayurvedic Hair oil used for various hair disease and headache)? Ans-1 Himsa Plus Oil merits Classification under Chapter heading 3305.90 and attracts G.S.T @ 18% (CGST 9% and SGST 9%). FULL TEXT OF ORDER OF AUTHORITY […]

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