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Promotion of 113 Officers to the grade of CCIT

December 2, 2019 8565 Views 0 comment Print

Office Order No. 246 of 2019 – Promotion of Officers to the grade of Chief Commissioner of Income Tax (CCIT) – reg F.No. A-32011/1/2019-Ad-VI Government of India Ministry of Finance Department of Revenue (Central Board of Direct Taxes) North Block, New Delhi -110 001 Dated: 02.12.2019 Office Order No. 246 of 2019 Consequent upon approval […]

Anaerobic Microbial Inoculum classifiable under Tariff heading No. 30029030

December 2, 2019 1407 Views 0 comment Print

In re Rajeev Kumar, Assistant Commissioner Vs. M/s. Elefo Biotech Pvt. Ltd. (GST AAAR Uttarakhand) The present appeal has been filed by the Assistant commissioner CGST review/concerned officer and asked to pass necessary order holing that the AMI is classifiable under other enzymes of microbial origin’ ‘other’ falling under chapter sub-heading 35079069 of heading 3507 […]

Form GST TRAN-1 can be revised only once within the specified period

December 1, 2019 4527 Views 0 comment Print

A conjoint reading of the Rule 117 and 120A of CGST Rules, 2017clearly reveals that every registered person who has submitted a declaration electronically in FORM G.S.T. T.R.A.N-1 within the period specified in Rule 117 or Rule 118 or Rule 119 or Rule 120 is allowed to revise such declaration once and submit the revised declaration in FORM G.S.T. T.R.A.N-1 electronically on the common portal,

Interest on interest free Loan To daughter out of Interest Bearing fund for non business propose not allowable

December 1, 2019 1092 Views 0 comment Print

Shyam Bihari Gandhi Vs ITO (ITAT Delhi) As regards addition of Rs. 20,38,472/- on account of payment of interest to bank which the assessee has mentioned in the profit and loss account. The revenue authorities have noticed that a loan (liability) of Rs. 1,11,73,554/- against which the assessee has claimed interest of Rs. 20,38,472/- and […]

TDS return filed beyond time cannot be declared as non est in law

December 1, 2019 3159 Views 0 comment Print

TDS return filed beyond time cannot be declared as non est in law and that the CIT(A) does not have powers of enhancement in an appeal against an order under section 200A. The CIT(A) cannot travel beyond the subject-matter of the appeal, which was as to whether fee under section 234E can be levied or not; and not the question, whether the return of TDS filed by the assessee was non est in law? The CIT(A) had no power in the appeal in the present case to declare return of TDS filed by the assessee as non est in law.

Additions based on P&L account & B/S filed by assessee with return cannot be considered as additions on the basis of new income source

December 1, 2019 1035 Views 0 comment Print

S.D. Traders Vs CIT (Allahabad High Court) It has been argued by the counsel for the Revenue that CIT (A) has not travelled beyond the books of accounts and during appeal it was found that only confirmation was available of five parties and the rest of the creditors were untraceable, hence the addition of the […]

Presumptive Taxation for Small Tax Payers in Business or Profession

November 30, 2019 309 Views 0 comment Print

Presumptive Taxation of Certain Eligible Businesses Or Professions Under The Income Tax Act 1961 1. What is presumptive Taxation? To give relief to small taxpayers from the tedious job of maintenance of books of account and getting the books of account audited, the Income tax Act has framed the Presumptive Taxation Scheme under sections 44A0, […]

SAP based filing of Appeal Applications under MVAT & CST Act

November 30, 2019 42933 Views 0 comment Print

The dealers who desire to file Appeal application against the orders passed by the Assessing Authorities under various Acts, apply manually to the Appropriate Authorities. These Appeal Applications are then decided by the Appellate Authorities as per the provisions of the Act.

Guidelines for scrutiny of invalid returns selected through CASS

November 29, 2019 14655 Views 0 comment Print

It has been brought to the notice of Board that notices under section 143(2) of the Income-tax Act, 1961 (‘Act’) were generated in respect of certain invalid returns of the assessees filed for the Assessment Year 2017-18 through CASS Cycle 2018. As the scrutiny of such returns will pose a challenge for the AO and is bad in law, I am directed to state that Assessing Officers shall drop the proceedings u/s 143(2) of the Act in such cases and reopen the same by issue of notice under section 148 of the Act.

Appeal cannot be dismissed for Manual Filing during transition period: ITAT Mumbai

November 29, 2019 2022 Views 0 comment Print

Assessee had filed appeal in manual form and such appeal had been filed within prescribed time under the Act, merely because assessee had not filed appeal in electronic form, assessee’s appeal could not be dismissed on technical grounds that too during transition period prescribed by CBDT.

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