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Amendment to Sections 36(1)(va) & 43B vide Finance Act, 2021 are prospective

March 20, 2022 2091 Views 0 comment Print

ITAT held that, the said amendment to Section 39(1)(va) and Section 43B effected by Finance Act 2021 is having prospective effect. Since, the said amendment is having prospective effect and not being retrospective one the same cannot be applied to the present case.

No Income Tax on Compensation for compulsory acquisition of land under RFCTLARR Act

March 20, 2022 87327 Views 0 comment Print

Mattapalli Ram Kumar Vs ACIT (ITAT Vishakhapatanam) It is undisputed fact that the assessee had received compensation of Rs.1,33,88,000/- under compulsory acquisition of land under RFCTLARR Act. The Ld. Counsel for the assessee has heavily relied on the Circular 36/2015 dated 25.10.2016 issued by the CBDT, wherein, it was mentioned that income tax shall not […]

Cenvat refund of unutilised credit is permissible when it is not possible to utilise such credit

March 20, 2022 1554 Views 0 comment Print

Scot Innovations Wires & Cables Private Limited Vs Commissioner of Central Excise and Central Goods, Service Tax (CESTAT Delhi) Hon’ble Karnataka High Court in UoI vs. Slovak India Trading Co. Pvt. Ltd. 2006 (201) ELT 559 (Kar.) =2008 (10) STR 101 (Kar.) has held that in the absence of any express prohibitory provisions, unutilised credit […]

Annual Information Statement (AIS) User Guide – AIS Portal

March 14, 2022 66045 Views 0 comment Print

Directorate of Income Tax (Systems) Annual Information Statement (AIS) Handbook Version 2.0 (March 2022) Document Version Control Version Month Remarks 1.0 October 2021 First version 2.0 March 2022 Second version – included details of GST Turnover, GST purchases , TDS-194Q (under Business receipts) and Income of specified senior citizens. 1. About this Document The objective […]

Income of ‘Sabre Asia Pacific’ from computerized Air ticket reservation taxable in India

January 29, 2022 729 Views 0 comment Print

Sabre Asia Pacific Pte Ltd Vs ACIT (ITAT Mumbai) The first issue that needs to be decided is whether the assessee has a permanent establishment in India or not? This is challenged as per ground 2 of the appeal. We find that this issue is squarely covered against the assessee by the decision of the […]

CST not payable If movement of goods from one state to other occasions export

January 28, 2022 2094 Views 0 comment Print

Parle Products Pvt. Ltd. Vs State of Karnataka (Karnataka High Court) The petitioner – assessee is a manufacturer and dealer of consumer goods under provisions of the Karnataka Value Added Tax Act, 2003 and the Central Sales Tax Act, 1956 (‘CST Act’ for short). The returns in Form VAT 100 were filed by the assessee […]

SCN not challenged within prescribed time- HC justified in dismissing the writ on the ground of limitation

December 31, 2021 687 Views 0 comment Print

Samrat Exporters and Importers Vs Assistant Commissioner of Central Excise and Customs (Kerala High Court) It is an admitted fact that the appellant had challenged the show cause notice issued to it before the appellate authority but the same was filed not within the time prescribed under the Act. Therefore, the appellate authority did not […]

DGGI seizes more than Rs 177 crore in Kanpur search operations

December 29, 2021 801 Views 0 comment Print

DGGI Ahmedabad seizes more than Rs 177 crore in Kanpur search operations Search operations in related premises continue with recovery of Rs 17 crore, 64 kg gold and 600 kg sandalwood oil worth Rs 6 crore The Ahmedabad unit of Directorate General of GST Intelligence (DGGI) on 22.12.2021 initiated search operations in Kanpur at the […]

Exposure Draft Guidance Note on Accounting for Hydropower Industry

December 29, 2021 2499 Views 0 comment Print

Hydro power generating industry, which is a green source of power, involves activities relating to pre-construction, construction activities, operation & maintenance and renovation & modernisation thereof. These projects are highly capital intensive

Debatable issues not permitted to be made adjustments u/s 143(1)

December 28, 2021 2991 Views 0 comment Print

S.V. Engineering Constructions India (P) Ltd. Vs DCIT (ITAT Visakhapatnam) It is settled issue that no debatable issues are permitted to be made adjustments u/s 143(1) of the Act. In the instant case, what was added in the intimation u/s 143(1) was the employees contribution to PF and ESI. Hon’ble Madras High Court in the […]

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