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IRDAI (Expenses of Management of Insurers transacting General or Health Insurance business) Regulations, 2023

March 26, 2023 5043 Views 0 comment Print

Insurance Regulatory and Development Authority of India (Expenses of Management of Insurers transacting General or Health Insurance business) Regulations, 2023

Order for seizure of goods valid as assessee used expired E-way bill & evaded tax

March 25, 2023 1179 Views 0 comment Print

Ayann Traders Vs State of U.P. And 3 Others (Allahabad high court)  It is a case where taxing authorities, after intercepting the goods of the petitioner on 18.04.2018, had detained the same and issued notice to both the selling and purchasing dealer. When no reply was filed, a seizure order was passed imposing 100% penalty, […]

Cash deposited in account of Assesee already taxed in the hands of his employer – No addition in the account of Employee

March 20, 2023 2076 Views 0 comment Print

Vikas Sharma Vs ITO (ITAT Mumbai) ITAT held that if the cash deposited in assessee’s bank account has already been taxed in the hands of M/s. Kareem’s Hospitality Pvt. Ltd (employer of assessee) or in the hands of the director of the assessee company Mr. Kareem Dhanani then no addition is warranted in the hands […]

ITAT allows Depreciation on Car against Income of Hired Cars

March 20, 2023 4980 Views 0 comment Print

Transindia Freight Services Pvt. Ltd Vs DCIT (ITAT Mumbai) ITAT held that going by the principle of consistency in the stand taken by the Revenue in earlier as well as subsequent assessment years in scrutiny assessment proceedings, we hold that the income received from car rental of Rs.6,00,000/- is to be assessed as “income from […]

Appellate authority can remand back the appeal to AAR: AAAR

March 20, 2023 2109 Views 0 comment Print

In re Punjab State Corporation Power Limited (GST AAAR Punjab) The appeal raised a question of the admissibility of Input Tax Credit (ITC), indicating a possible misinterpretation of clauses under subsection (2) of Section 97 of the CGST Act, 2017. The contention lies in whether the application was evaluated under the correct clause, considering the […]

Delhi HC set aside Section 148A(d) order passed without considering reply of Assessee – directs de novo exercise

March 14, 2023 10407 Views 0 comment Print

Ashok Kumar Garg Vs ACIT (Delhi High Court) According to the petitioner, although the amount of alleged bogus purchase bills has been quantified as Rs.24,10,705/- the amount in issue is only Rs.13,73,503/-. It is, thus, the petitioner’s case that Rs.10,37,202/- has been wrongly included. Mr Puneet Rai, learned senior standing counsel, who appears on behalf […]

Delay in Tax Audit Report Submission is Technical Breach: ITAT deletes section 271B Penalty

March 14, 2023 3594 Views 0 comment Print

The issue in the present appeal relates to the exigibility of penalty u/s 271B for failure of the assessee to get accounts audited in respect of the previous year relevant to the assessment year under consideration as required u/s 44AB and furnished to the Assessing Officer before specified due date i.e. due date for filing the return of income.

Cash Deposits during Demonetization – ITAT upheld PCIT instruction to follow CBDT SOP

March 14, 2023 1458 Views 0 comment Print

Chandrakant Tatoba Patil Vs PCIT (ITAT Pune) ITAT noted that on an examination of the assessment record, the PCIT found abnormal increase in cash deposits during demonetization period as compared to pre-demonetization period. According to the PCIT, during the period from 09-11-2016 to 31-12-2016, the assessee deposited cash amounting to Rs.1,43,81,225/- which is inclusive of […]

Service Tax refund cannot be granted for non-production of original documents / export invoices

March 14, 2023 1236 Views 0 comment Print

Core Minerals Vs Commissioner of Service Tax (CESTAT Chennai) Notification No. 17/2009 dated 07.07.2009 only requires the production of documents and it is not in dispute that the appellant had indeed produced the documents (though a few photocopy of some invoices). Thus, we are of the clear view that the appellant has complied with the […]

In absence of proof Brokerage on Sale of Property not allowable

March 14, 2023 2778 Views 0 comment Print

Lakshminarayana Gupta Vs CIT(A) (ITAT Bangalore) The solitary issue that is raised in this appeal is with regard to the disallowance of brokerage claim amounting to Rs.2,17,000/-. It is claimed that assessee had incurred brokerage of Rs. 3,10,000 regarding sale of a property. The assessee has not produced any proof/evidences to substantiate that he had […]

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