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Rejection of appeal on technical ground amounts to denial of principles of natural justice

January 1, 2023 2112 Views 0 comment Print

Simply rejecting on a technical ground amounts to denial of principles of natural justice to the assessee. Therefore, we are remanding back the appeal to the file of the CIT(A) for proper adjudication on merit.

Section 80P deduction not allowed if Income Tax Return Filed after Due Date wef AY 2018-19

January 1, 2023 16311 Views 1 comment Print

Janki Vaishali Co-operative Housing Society Limited Vs CIT (Appeals)  (ITAT Mumbai) Undisputedly, assessee filed return of income on 24/12/2018 i.e. beyond the due date for filing return of income u/s. 139(1) of the Act for the Assessment Year 2018­19. The solitary reason for denying benefit of deduction u/s 80P of the Act is that the […]

ITAT deletes penalty for Failure to get Accounts Audited due to ill health of Wife

January 1, 2023 858 Views 0 comment Print

The assessee pleaded a reasonable cause before the AO that the audit could not be carried out because of ill-health of his wife, which further worsened the family problems. Section 271B is subject to provisions of section 273B which provides that in case of a reasonable cause, penalty under the concerned section need not be imposed.

Tax Appeal not maintainable as same was not signed by IRP

January 1, 2023 696 Views 0 comment Print

Jet Airways (India) Limited Vs DCIT (ITAT Mumbai) According to the provisions of Section 140(c) of The Income Tax Act, in case of a company which has been referred to the insolvency resolution process of the insolvency and bankruptcy code, 2013 (31 of 2016) the return be verified by the insolvency resolution professional appointed by […]

No disallowance of interest when Interest-free advances been made out of interest-free funds

January 1, 2023 1032 Views 0 comment Print

Chetankumar Raojibhai Patel Vs DCIT (ITAT Ahmedabad) Sole issue in the present appeal relates to disallowance of interest expenditure under section 36(1)(iii) of the Act. Since the assessee has demonstrated the availability of sufficient own funds for the purpose of making interest free funds, the issue, we find, is squarely covered by the decision of […]

SC cannot exempt Spinal Muscular Atrophy Medicine from GST

January 1, 2023 1026 Views 0 comment Print

Cure Sma Foundation of India Vs Union of India (Supreme Court) By way of this petition filed under Article 32 of the Constitution of India in the nature of Public Interest Litigation (PIL), the following prayers/reliefs are sought : (a) Pass a writ of and/or writs in the nature of mandamus directing the respondent to […]

CENVAT Credit refund Rejected due to Limitation Can Be Claimed during Re-Opening of TRAN Window

January 1, 2023 756 Views 0 comment Print

Emerson Process Management Power & Water Solutions India Pvt. Ltd Vs Union of India (Delhi High Court) In the present case, the petitioner’s request for refund of CENVAT credit in cash was rejected for the reason that it was filed beyond the period of limitation. The petitioner submits that although it was no longer entitled […]

Provisional attachment orders under GST have a life span of only one year

January 1, 2023 1137 Views 0 comment Print

Section 83 of the CGST Act mandating that a provisional attachment order would have a life span of only one year from the date of the order made under sub-section (1). After expiry of a period of one year, such provisional attachment would cease to have effect.

HC release goods & conveyance subject to payment of Tax, Penalty & Furnishing of Bond

January 1, 2023 768 Views 0 comment Print

Detention of goods & conveyance – interaction, interplay and inter se application of Section 129 and Section 130 of CGST Act, 2017

ITC availment without actual receipt of goods – HC allowed bail to accused

January 1, 2023 864 Views 0 comment Print

Seeking grant of Regular bail – Firms availed ITC on the basis of invoices received without actual receipt of goods from 7 registered entities

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