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Fee receipt available in Public domain cannot be treated as incriminating material

October 5, 2022 1230 Views 0 comment Print

ACIT Vs Padmshree Dr. D.Y. Patil University (ITAT Mumbai) Before us, the main plea of the Ld. CIT-­DR was that the development fee collected by the assessee trust on the basis of a single fee receipt from the students, shows that the students didn’t had any option but to mandatorily give/remit the fees (including the […]

Addition based on investigation wing report in violation of principles of natural justice not valid

October 5, 2022 3759 Views 0 comment Print

Prakash Javia HUF Vs ITO (ITAT Indore) Records placed before us also shows that report of the investigation wing or any enquiry conducted from 3rd persons were not made available to the assessee which thus grossly violates the principles of natural justice. As the assessee never got opportunity to go through these reports this action […]

ITAT deletes addition for TDS payable at year end made to Income of Legal Firm

October 5, 2022 897 Views 0 comment Print

Anand And Anand appeal success against ACIT order. ITAT Delhi ruling on TDS provisions. Key legal insights by Anand Bhattacharya, tax expert.

Every partner is liable, jointly, and severally, for all acts of the firm

October 5, 2022 4269 Views 0 comment Print

Liability of a partner for acts of the firm. Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.

NCLAT Imposes Rs. 2 Lakhs Cost on appellant for indulging in frivolous litigation

October 5, 2022 1278 Views 0 comment Print

SGA Fashion Pvt. Ltd. Vs CMA Sandeep Kumar Bhatt (NCLAT Delhi) The documentary evidence on record establishes that the Appellant herein contended before the Learned Adjudicating Authority that pre-bidding qualification will not bind the bidders and sought for relief to be granted under the eligibility criteria at Clause 1.15 of the tender document. Having sought […]

GST Refund Application: Period From 01.03.2020 to 28.02.2022 excludable in Limitation calculation

October 5, 2022 1938 Views 0 comment Print

Gandhar Oil Refinery (India) Ltd. Vs Assistant Commissioner of Sales Tax (Andhra Pradesh High Court) A perusal of material on record would show that GST refund application came to be made by the petitioner was on 22.09.2021, for the Tax period May, 2018 to May, 2019. Though, learned Government Pleader would contend that the said […]

Project already been investigated by DGAP project need not be analyzed again for determination of profiteering: NAA

October 4, 2022 777 Views 0 comment Print

It was observed that in NAA’s Order No. 57/2022, Project Ruparel Orion had actually been considered for profiteering. Hence the contention of the Respondent appears to be true and therefore this project need not be analyzed again for determination of profiteering.

‘Prasu Infrabuild’ guilty of Profiteering in its Project ‘SKA Green Arch’: NAA

October 4, 2022 1377 Views 0 comment Print

Karunakar Singh Vs Prasu Infrabuild Pvt. Ltd (NAA) 1. The present Report dated 29.10.2021 has been received by National Anti‑ Profiteering Authority (NAA or the Authority) from the Applicant No. 12 i.e. the DGAP after detailed investigation under Rule 129(6) of the Central Goods & Service Tax (CGST) Rules, 2017. The brief facts of the […]

Appeal can be filed only on the basis of order/intimation, against which assessee is aggrieved

October 4, 2022 1449 Views 0 comment Print

An appeal can be filed only on the basis of order/intimation, against which the assessee is aggrieved. In the absence of any such document, it will not be possible for any appellate authority to address the grievance of the assessee

Section 11 exemption claimable on restoration of section 12A registration

October 4, 2022 1257 Views 0 comment Print

ITAT find that since registration is restored by ITAT, the assessee is entitled for claiming deduction U/s. 11 in impugned assessment year

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