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CESTAT recommends Contempt proceeding for issue of SCN after passing of final order

August 13, 2022 840 Views 0 comment Print

Assistant Commissioner issued show cause notices after passing of final order by Tribunal, with respect to subject matter of refund, was wholly against provisions of law

CPC must rectify mistake apparent from records despite non-filing of revised Return

August 13, 2022 4026 Views 0 comment Print

Markand Induprasad Bhatt Vs DCIT (ITAT Ahmedabad) However, we note that the power of rectification u/s 154 of the Act can be exercised only if there is a mistake apparent from the record which is one of the pre-condition meaning thereby the mistake should be apparent, obvious from the record. In other words, in order […]

Mere Non-response from creditors cannot be treated as furnishing of inaccurate particulars of income

August 13, 2022 564 Views 0 comment Print

Royal Rubber Works Vs ITO (ITAT Delhi) Undisputedly, the addition based on which the Assessing Officer imposed penalty under section 271(1)(c) of the Act was on account of sundry creditors. While deciding the quantum appeal of the assessee, the Tribunal has deleted the major part of the addition, accepting assessee’s submission that such amount was […]

Reasonable time limit for issue of notice u/s 201(1)/201(1A) is 4 years

August 13, 2022 11244 Views 0 comment Print

ITAT held that Reasonable time limit for issue of notice u/s 201(1)/201(1A) is 4 years and Assessee cannot be taxed for non-deduction of TDS U/s. 195  if non-resident discharged obligation with respect to payment of capital gains tax

Assessment Order against Non-Existing Company is not legally sustainable

August 13, 2022 1905 Views 0 comment Print

ITAT Held that, since assessee ceased to be in existence as on the date when Ld. AO passed the impugned order of assessment, assessment so framed is not sustainable in the eye of law.

Section 54/54F exemption cannot be disallowed merely for closure of capital gain account without NOC of AO

August 13, 2022 1275 Views 0 comment Print

Closer of capital gain account without NOC of AO, the broad provisions and compliance of law surpass the mere default in not taking prior permission of ITO before closer of account

GST Registration cannot be cancelled without Hearing Opportunity with specific date & time

August 13, 2022 975 Views 0 comment Print

Jinesh Associates Vs Commissioner of Commercial Taxes (Karnataka High Court) Proviso to Section 29(2) of Karnataka Goods and Services Tax Act specifically observes that there shall be no cancellation of GST registration without giving an opportunity of being heard. Accordingly, during the course of proceedings relating to cancellation of registration, there is a statutory mandate […]

Income Tax Department searches Jhansi based Real Estate group

August 12, 2022 630 Views 0 comment Print

Income Tax Department carried out a search operation on a Jhansi based group, engaged in the business of civil contract and real estate development.

CGST Mumbai (South) Commissionerate busts Rs. 455 Crore fake GST invoice racket

August 12, 2022 1128 Views 0 comment Print

Officers of CGST Mumbai South Commissionerate have busted a fake GST invoice racket, which was used to avail & pass on fake GST Input Tax Credit (ITC) of around Rs. 27.59 crore, on bogus invoices of Rs 455 Crores, and have arrested the director of M/s Ammy International Journal (OPC) Private Limited.

New Functionalities for Taxpayers on GST Portal (July, 2022)

August 12, 2022 10725 Views 0 comment Print

1. GST Registration 1  Allow taxpayer to enter multiple trade names Earlier only a single Trade Name was being captured during New Registrations and subsequent amendment in core field for Normal Taxpayer on the Portal. Now taxpayers have been provided with an option to provide up to 9 additional trade names for a single GSTIN […]

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