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GST: HC Grants Bail to accused as he already paid amount of alleged tax evasion

January 15, 2023 729 Views 0 comment Print

Vikas Bajoria Vs Union of India (Rajasthan High Court) In present case, the petitioner is in custody since 08.11.2022, investigation as against him is complete, the amount of alleged tax evasion has already been deposited with the revenue by the recipient(s). This Court is in respectful agreement with the law laid down in the cases […]

No Addition for Cash Deposit during Demonization out of balance before Demonization

January 15, 2023 1851 Views 0 comment Print

Shail Jayesh Shah Vs ITO (ITAT Mumbai) From the copy of the bank statement of Kotak Mahindra Bank, we find that assessee had deposited Rs.6 lakh in cash in 600 old currency notes of Rs. 1000 denomination on 01/12/2016. At a glance, it may appear that since the assessee had sufficient cash in hand amounting […]

Justice cannot be deprived for mere filing of Appeal in Paper mode instead of Electronic

January 15, 2023 450 Views 0 comment Print

Hemendra Lilachand Shah Vs ITO (ITAT Ahmedabad) ITAT noted that requirement of filing appeal before the learned CIT (A) in electronic form was new. The assessee being individual filed appeal before CIT(A) within time limit but in paper dated 18th April 2016 instead of filing online as required by the CBDT notification dated 1st March […]

Bombay HC Grants Bail to ITO Convicted in alleged Bribe case

January 15, 2023 1335 Views 0 comment Print

Prosecution case is that applicant was ITO & demanded Rs.1 lakkh as bribe from partners of Brightera Builders for favourable assessment order

Surcharge under OST Act is leviable before deducting entry tax paid by dealer

January 14, 2023 942 Views 0 comment Print

Surcharge under Section 5A of OST Act is to be levied before deducting entry tax paid by dealer pursuant to Orissa Entry Tax Act, 1999.

VCR/E-challan or Prosecution Report shall not be a bar for cancellation of vehicle registration

January 14, 2023 2427 Views 0 comment Print

Pendency of arrear tax and penalty under Odisha Motor Vehicles Taxation Act, 1975 or Tax Recovery Proceeding or audit dues (IR) or VCR/E-challan or Prosecution Report shall not be a bar for cancellation of certificate or registration under Section 55 of MV Act.

TDS credit cannot be denied in the year in which corresponding income been declared

January 14, 2023 3171 Views 0 comment Print

Revenue is under obligation to give suitable credit for such deduction either in the year in which the corresponding income has been declared or in the year in which TDS credit has been received in the Treasury

Exemption from Additional Excise duty to fabrics not result into levy of VAT: Orissa HC

January 14, 2023 648 Views 0 comment Print

Textiles stood excluded from purview of ADE Act. It was accordingly concluded by STO that they would become amenable to Orissa sales tax from that date.

TDS on Freight – Non Submission of form 26A- ITAT restores matter to AO

January 13, 2023 825 Views 0 comment Print

Arvind Purseth Vs CIT(A) (ITAT Cuttack) It was submitted by the ld. Sr. DR that the only issue in the appeal of the assessee was that TDS had not been deducted in respect of payments made to M/s Sundaram Finance Ltd. and M/s Gulshan Freight Carrier. It was the submission that Form 26A had been […]

TDS on common area maintenance charges & Rent paid to distinct companies

January 13, 2023 1215 Views 0 comment Print

Ace Datamatics Pvt. Ltd Vs ITO (ITAT Delhi) In the present case also the AO in para 4.2 of the assessment order observed that the payments received by Ambience group are split into two companies of same group on single contract one for rent and the other for maintenance charges. However, the AO noted that […]

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