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Commission on Sales cannot be treated as Advertising Agency Service Income

January 16, 2023 2667 Views 0 comment Print

Drishty Communication Private Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) The appellants were engaged in providing services as advertising service to get customize and were registered “The Indian Newspaper Society” (INS). They were remitting 85% of the total amount received from their customers on getting space/time from media agencies or news papers or various publications. […]

No ad hoc addition should be made for bogus purchases

January 15, 2023 3753 Views 0 comment Print

No ad hoc addition for bogus purchases should be made. Addition should be made to the extent of difference between gross profit rate on genuine purchases and GP rate on hawala purchases

HC can entertain Writ Petition to Examine if Conditions to issue Section 148 Notice are Satisfied: SC

January 15, 2023 2832 Views 0 comment Print

Red Chilli International Sales Vs ITO (Supreme Court of India) We with the petitioner that the impugned judgment rejecting the writ petition on the ground of alternative remedy does not take into consideration several judgments of this Court, on the jurisdiction of High Court, as writ petitions have been entertained to be examined whether the […]

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

January 15, 2023 957 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 2202 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 690 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 1860 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 1539 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 3336 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 3942 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

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