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Mistake in section 234C interest calculation: ITAT directs AO to check

March 15, 2022 2898 Views 1 comment Print

ABB Limited Vs Additional CIT (ITAT Bangalore) Learned AR has given a table, wherein it is claimed that excess payment of advance tax for the 1st and the last quarter has been ignored while calculating interest u/s 234C of the I.T. Act. ITAT directs A.O. to examine the correctness of the claim of the assessee […]

Section 148A notice e-signed on 31.03.2021 but mailed on 16.04.2021 is invalid

March 15, 2022 57861 Views 0 comment Print

High Court  held that after 1/04/2021, it is mandatory requirement that prior to re-assessment proceedings notice under section 148-A of Income Tax Act, 1961 should be issued to assesseee. Accordingly, the impugned notice dated 31/03/2021 (served through Email to the petitioner on 16/04/2021) stands quashed.

Employee’s Compensation Act: Interest payable from accident date

March 15, 2022 3726 Views 0 comment Print

Shobha & Ors. Vs  Chairman, Vithalrao Shinde, Sahakari Sakhar Karkhana Ltd. & Ors. (Supreme Court) As per Section 4A of Employee’s Compensation Act, 1923 compensation under Section 4 shall be paid as soon as it falls due. It can be seen that the liability to pay the interest on the amount of compensation due and payable would […]

Cenvat Credit cannot be denied for wrong classification by supplier

March 15, 2022 2064 Views 0 comment Print

CESTAT held that it was immaterial if the supplier of the item had wrongly classified the same since, the actual classification and the eligibility for CENVAT credit is dependent on the actual usage of goods and therefore CENVAT credit is admissible to the Appellant.

HC Quashes GST Notice for not fulfilling ingredients of a proper SCN

March 14, 2022 9648 Views 0 comment Print

NKAS Services Private Limited Vs. State of Jharkhand (High Court of Jharkhand) A perusal of the impugned show cause notice at Annexure-1 creates a clear impression that it is a Show Cause notice (SCN) issued in a format without even striking out any relevant portions and without stating the contraventions committed by the petitioner. The […]

Transformation of articles to bring new articles into existence amounts to manufacturing

March 14, 2022 489 Views 0 comment Print

The two-member bench held that transformation of articles to bring new articles into existence amounts to manufacturing and allowed deduction under section 80IC of the Income Tax Act, 1961.

Amendments related to Employees’ Contribution to ESIC/PF vide Finance Act, 2021 are Prospective

March 14, 2022 7452 Views 0 comment Print

Plivo Communications Private Limited Vs ACIT (ITAT Bangalore) Hon’ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is ‘for the removal of doubts’ cannot be presumed to be retrospective, if it […]

GST: HC directs Commissioner to furnish reasons for Provisional Attachment

March 14, 2022 3327 Views 0 comment Print

Originative Trading Private Limited Vs Union of India (Bombay High Court) The question that arises for the consideration of this Court is whether the remedy of the petitioner to lodge his objection to the order of provisional attachment under section 83 read with Rule 159(1) of the CGST Rules can be effectively exercised without communication […]

Section 10A exemption cannot be denied for mere non-filing of Form No. 56F

March 14, 2022 5091 Views 0 comment Print

DCIT Vs Clarion Technologies Pvt. Ltd (ITAT Pune) ITAT held that stand of the Revenue that assessee cannot be allowed the benefits of section 10A of the Act merely because the prescribed Audit Report in Form No.56F was not filed in the return of income, is quite erroneous. ITAT note that the AO passed order […]

GST Registration not cancellable by merely describing the firm as ‘bogus’

March 14, 2022 14352 Views 0 comment Print

GST registration once granted could be cancelled only if one of the five statutory conditions was found present. Per se, no GST registration may be cancelled by merely describing the firm that had obtained it, was ‘bogus’.

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