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Application for condonation of delay cannot be dismissed for mere non-submissions of originals of medical certificate

November 6, 2022 3069 Views 0 comment Print

Piedade Carvalho Vs Maria Victoria Boavinda (Bombay High Court) In this case, the delay was of only 67 days. Further, the explanation offered was that the appellant was illiterate, knowing neither to read nor write. He was a senior citizen suffering from various ailments related to his age. He engaged an Advocate to represent him […]

Section 143(1) adjustment unsustainable – Rental Income treated as Business Income

November 6, 2022 1452 Views 0 comment Print

The Ld. AR has also submitted that the case for this year was picked up for scrutiny wherein the rental income has been assessed by AO as ‘business income’.

SC imposes cost of Rs. 1 Lakh for Unnecessary SLP against a Cancer patient

November 6, 2022 8544 Views 0 comment Print

Assistant Director Directorate of Enforcement  Vs Kamal Ahsan & Anr. (Supreme Court of India) In the peculiar facts and circumstance of the case and taking into consideration the fact that the respondent is suffering from Malignancy and Cancer and thereafter when he has been released on bail, the same is not required to be interfered […]

ITAT can grant stay only if assessee pays or furnishes security of 20 % of tax in dispute

November 6, 2022 1644 Views 0 comment Print

Tribunal can only grant a stay subject to a deposit of not less than 20% of disputed demand, or furnishing of security thereof, it cannot be open to us to grant a stay in violation of these basic statutory provisions.

SEBI Consultation Paper on Cloud Framework

November 5, 2022 738 Views 0 comment Print

Cloud computing is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction – NIST Definition.

GST: Section 129 can be invoked by department with regard to goods in transit: HC

November 5, 2022 20472 Views 0 comment Print

Section 129, can be invoked by the department with regard to the goods in transit and the goods can be released only in the event the owner of the goods comes forward for payment of penalty as specified in clause (a) or (b) or (c) of Section 129 (1) of the Act and on payment of the said amount, the intent is to give quietus to the litigation.

Haryana cancels GST registration of all non-filers of GSTR-3B till March 2021

November 4, 2022 6972 Views 0 comment Print

Excise and Taxation Department, Government of Haryana had identified a list of 373 active registered taxpayers of State jurisdiction who had not filed FORM GSTR-3B up till March 2021. These taxpayers were liable to be cancelled under the provisions of Section 29 of the HGST Act, 2017.

Certificate under GST Rule 145(2) Sufficient to condone delay in Appeal filing

November 4, 2022 1758 Views 0 comment Print

V.C. Infra Vs Commissioner of State Tax (Bombay High court) Heard. 02] On 18/02/2022 the Deputy Commissioner of State Tax passed an adjudication order directing the petitioner to satisfy the demand of Rs.8,43,502/-. The petitioner being aggrieved by the aforesaid, preferred an appeal before the appellate authority On 02/08/2022, the said appeal came to be […]

Satisfaction recorded by AO should not be based on conjectures & surmises

November 4, 2022 1359 Views 0 comment Print

Ragavs Diagnostic & Research Centre Pvt. Ltd. Vs ACIT (ITAT Bangalore) From the plain reading of section 69C, it is clear that when an assessee offers no explanation or the explanation offered is not satisfactory in the opinion of the AO, then the amount of such expenditure is to be taxed as income u/s. 69C […]

Cash Deposit & withdrawals of equal amounts – ITAT allows telescoping benefit

November 4, 2022 9273 Views 0 comment Print

AO made additions on ground that cash deposited in bank account was more than total turnover declared by assessee, since assessee furnished bank statements which showed that there were deposits and withdrawals of almost equal amounts and AO failed to give any findings regarding said withdrawals, assessee deserved to get benefit of telescoping and thus, addition was unjustified

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