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Section 80P deduction cannot be denied for delay in filing auditors report

January 12, 2023 2580 Views 0 comment Print

ITAT held that when assessee filed return of income well before due date, but due to inadvertence, not filed independent auditor’s report, which it has filed later on, the claim of assessee /- under section 80P(2)(d) of Income-tax Act, 1961, if otherwise admissible, cannot be denied.

Transportation cost collected in addition to price of goods & shown separately in invoice not to be included in assessable value

January 12, 2023 1926 Views 0 comment Print

Cost of transportation if collected in addition to price of goods and shown separately in invoice, needs to be excluded from assessable value.

Mere Reflection in books of account cannot be reason for non-acceptance of depreciation

January 12, 2023 1140 Views 0 comment Print

Pathankot Hindu Urban Co-operative Bank Ltd Vs DCIT (ITAT Amritsar) In this case assessee claimed the loss on diminution value of securities as well as stock. The main grievance of the revenue is that this particular value was not taken in the books of accounts. But factually correct that the circular of the CBDT has […]

Assessee (Senior Citizen not conversant with digital communication) should not suffer for fault of authorised representative

January 12, 2023 702 Views 0 comment Print

ITAT held that on account of the fault of authorised representative / chartered accountant / advocate of assessee, the assessee should not be made to suffer and more particularly, when the assessee happened to be a senior citizen and is not conversant with the digital communication.

SOP to deal with Customs clearance of fresh fruit consignments

January 10, 2023 1647 Views 0 comment Print

Grievances have been received from Trade and Customs Brokers highlighting the issue of delay in examination and clearance of consignments of fresh fruits.. especially in view of the perishable nature of such fresh fruits, where verification or investigation is being done by SIIB (I) or CIU, JNCH,

SEBI (Registrars to an Issue and Share Transfer Agents) (Amendment) Regulations, 2023

January 9, 2023 774 Views 0 comment Print

a. A registrar to an issue and share transfer agent falling under category I, as specified in sub-regulation (2) of regulation 3, shall pay a fee of two lakh and seventy thousand rupees; b. A registrar to an issue or share transfer agent falling under category II, as specified in sub-regulation (2) of regulation 3, shall pay a fee of ninety thousand rupees.

After 30.06.2017 Cenvat credit arising out of legacy shall be refunded to assessee in cash

January 8, 2023 1776 Views 0 comment Print

Gabriel India Limited Vs Commissioner, Central Goods & Service Tax and Central Excise (CESTAT Delhi) w.e.f. 01.07.2017, the Government of India had introduced GST regime which has replaced earlier Cenvat Credit Rules, 2004 with transitional period of 30 days. Accordingly, after 30.07.2017, no assessee is permitted to avail credit in the cenvat credit account. As […]

Addition based on Information from NSE not valid if Assessee not given sufficient time

January 8, 2023 1026 Views 0 comment Print

Lilaben Bhagabhai Patel Vs ITO (ITAT Ahmedabad) CIT(A) has categorically observed that the print out of share trading from the brokers related to share transaction statement was unsigned documents and the Assessing Officer has taken the loss on the basis of information provided by National Stock Exchange, Bombay. It is pertinent to note that the […]

Income from Tea bushes & shade trees grown for protection of tea bushes is Agricultural Income

January 8, 2023 3105 Views 0 comment Print

Doloo Tea Company (India) Ltd Vs ACIT (ITAT Kolkata) Admittedly, in this case in hand, the land has already been treated as agricultural land not capital in nature and the tea bushes have been cultivated by the assessee to obtain tea leaves and the shade trees are grown by the assessee for the protection of […]

Section 271(1)(b) Penalty cannot be imposed if Assessment was Completed U/s. 143(3)

January 8, 2023 42249 Views 0 comment Print

Sardarmal Kothari Vs ACIT (ITAT Chennai) ITAT held that when an assessment has been made under sec.143(3) and not under sec.144 of the I.T. Act, it means that subsequent compliance in the assessment proceedings was considered as good compliance and the defaults committed earlier were ignored by the Assessing Officer and, therefore, there is no […]

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