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Penalty not imposable on Service Tax Paid before Issuance of SCN

November 24, 2022 1329 Views 0 comment Print

Nurture Marketing Pvt. Ltd Vs Commr. of CGST & CX (CESTAT Kolkata) Appellant submitted that the commission in respect of volume purchase by the Second Level of distributor for the periods of 2006-07 to 2010-11 earned by the appellant is to the tune of Rs.1,22,46,991/- and the Service Tax on the same was Rs.13,94,933/- and […]

Penal interest for delay in payment of lease amount allowable- ITAT allows capitalisation

November 24, 2022 1122 Views 0 comment Print

ITO Vs Logix Buildtech Private Limited (ITAT Delhi) ITAT held that Penal interest arises out of default in payment of installment / lease rent as per the schedule agreed and the normal interest along with penal interest compounded half yearly was agreed to be paid on the default amount and for the default period as […]

Startup India launches Startup applications for MAARG Portal

November 23, 2022 906 Views 0 comment Print

The Department for Promotion of Industry and Internal Trade (DPIIT), under the Ministry of Commerce and Industry, has launched a call for startup applications for registration on the MAARG portal, the National Mentorship Platform by Startup India. To further boost the Indian startup ecosystem, currently ranked 3rd largest globally, Startup India is focused on catalysing […]

Change of opinion or review while exercising Section 263 is not permitted

November 23, 2022 984 Views 0 comment Print

PCIT has given his own observation which amounts to review and change of opinion or review while exercising Section 263 is not permitted by the Income Tax Statute. Thus, the PCIT was not right in exercising Section 263 in assessee’s case.

Section 35(2AB) deduction- ITAT allows Revision of unverified revenue expenditure

November 23, 2022 936 Views 0 comment Print

Maharashtra Hybrid Seeds Company Private Limited Vs PCIT (ITAT Mumbai) PCIT has passed the impugned revision order for the reason that the AO has not properly examined the weighted deduction claimed u/s 35(2AB) of the Act vis-à-vis Form 3CL. However, the AO has reopened the assessment and has examined the above said Form 3CL, but […]

FMV of shares cannot be determined based on circle rate of property

November 23, 2022 1278 Views 0 comment Print

As per explanation a to section 56 (2)(viib) of Income Tax Act it has been specifically provided that fair market value of shares shall be based on (1) value determined under rule 11UA or (2) fair market value of under lying assets whichever is higher.

Section 35(1)(ii) deduction cannot be denied for subsequent retrospective cancellation of approval 

November 23, 2022 1854 Views 0 comment Print

Assessee was entitled to relief on the certificate granted by the prescribed authority u/s 35(1)(ii) of the Act to the institution to which it donated the sum of money for claiming deduction under that section if it was subsisting and valid at the time the donation was made.

Want to reduce the premium of your insurance

November 23, 2022 894 Views 0 comment Print

Planning to reduce the premium of your insurance? Do read this to know the best hacks to lower the premium of your insurance plan.

Section 271B penalty not justified for delay due to late appointment of Auditor by CAG

November 23, 2022 1197 Views 0 comment Print

Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Limited Vs DCIT (ITAT Indore) The assessee has challenged the penalty to the tune of Rs.1,50,000/-levied under Section 271B of the Act. The assessee, a Government company, wherein appointment of Auditor in the case of the appellant was governed by the provision of section 619(2) of the Companies […]

Providing blank LRs for passing of fraudulent cenvat credit- CESTAT upheld Penalty

November 23, 2022 357 Views 0 comment Print

Samir Transport Company Vs C.C.E & S.T. (CESTAT Ahmedabad) In the present case the penalty was imposed on the appellants under Rule 26 (2) of Central Excise Rules, 2002. In connection with fraudulent passing of cenvat credit on the invoices issued by M/s Accord Industries Limited to M/s Archon Engicon Limited. The fact is not […]

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