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No section 269SS & 269T if reasonable cause for accepting/repaying loan in cash

June 21, 2022 1617 Views 0 comment Print

Sunil M. Bhide Vs Addl. CIT (ITAT Pune) It is seen from the penalty order that the assessee pleaded before the AO that he started construction of a commercial building on his plot. The construction work was halted because of paucity of funds. The said plot of land along with part construction was leased out […]

Assessment order based on invalid Section 143(2) notice is equally Invalid

June 21, 2022 729 Views 0 comment Print

Uttam Enterprises Pvt. Ltd. Vs ACIT (ITAT Delhi) Assessee had filed its return of income under Section 139(1) on 13.09.2013. Thus, as per proviso to Section 143(2) of the Act, as it existed prior to its amendment by Finance Act, 2016 w.e.f. 01.06.2016, no notice under Section 143(2) of the Act shall be served on […]

Ruling of AAR is binding upon Revenue authorities

June 21, 2022 1704 Views 0 comment Print

EY Global Services Ltd. Vs ACIT (ITAT Delhi) ITAT finds itself in agreement with the submissions made by the ld. DR for the Revenue. AO has only followed the ruling of AAR in assessee’s own case and as per the provisions of section 245S of the Act, ruling of Hon’ble AAR is binding upon the […]

Section 154 cannot be invoked on debatable issues

June 21, 2022 1881 Views 0 comment Print

South West Pinnacle Exploration Ltd. Vs ACIT (ITAT Delhi) Rectification under section 154 of the Act can only be made when glaring mistake of fact or law has been committed by the officer passing the order becomes apparent from the record. Rectification is not possible if the question is debatable. Moreover, the point which was […]

Expenditure on distribution of freebies & gifts to doctors not allowable

June 21, 2022 828 Views 0 comment Print

ITAT Ahmedabad upholds disallowance of Amay Pharma’s expenditure on gifts to doctors. Setback on c/f loss setoff. Latest SC ruling cited.

CENVAT Credit eligible on construction & works contract for repair/renovation of existing factory

June 20, 2022 1899 Views 0 comment Print

Bombay Market Art Silk Co Op (Shops & Warehouse) Society Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT held that construction and works contract if used for repair and renovation of existing factory, the same falls under inclusion clause of definition of Input Service, accordingly, the Cenvat credit is admissible. FULL TEXT OF THE CESTAT […]

No penalty for not offering Salary Income for Taxation due to oversight

June 20, 2022 207 Views 0 comment Print

We note that the assessee did not suppress the fact that no income incurred as such, but however it is reflected in Form 26AS data which is otherwise a salary data and TDS deductions are available for examination to the AO.

No section 194H TDS on discounts on transfer of pre-paid SIM cards/talk time

June 20, 2022 450 Views 0 comment Print

ITAT held that tax withholding provisions under section 194H would not be applicable to discounts extended to pre-paid SIM distributors on transfer of pre-paid SIM cards/talk time.

One Day Delay to reply SCN cannot led to closure of right to file a reply

June 20, 2022 732 Views 0 comment Print

Court is of the view that the delay of one day in asking for an adjournment should not have led to closure of the right to file a reply to the Show Cause Notice.

Modvat Credit eligible on Steel plates & MS channels used in fabrication of chimney

June 18, 2022 633 Views 0 comment Print

Berry Alloys Limited Vs Commissioner of Central Tax (CESTAT Hyderabad) We find that the main ground for denying the credit as discussed in the impugned order is that the Appellant failed to furnish sufficient documentary evidence that the impugned items were used in fabrication of capital goods/accessories/parts/components. The Chartered Engineer’s Certificate though produced before both […]

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