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Section 271D Penalty proceeding is independent of assessment proceedings

November 22, 2022 3258 Views 0 comment Print

Dr. Sankaran Sundar Vs ITO (ITAT Bangalore) The penalty imposed u/s 271D of the I.T.Act is independent of assessment proceedings completed u/s 143(3) of the I.T.Act. Even without completion of assessment u/s 143(3) of the I.T.Act, penalty u/s 271D of the I.T.Act can be imposed for violation of provisions of section 269SS of the I.T.Act. […]

TDS on Retainer Fee To Doctors – Salary or professional fees

November 22, 2022 6717 Views 0 comment Print

CIT TDS Vs Mewar Hospital Pvt Ltd (Rajasthan High Court) Before proceeding with the matter, it will not be out of place to mention that the assessee is running a hospital within State of Rajasthan and they have entered agreement with three different doctors. The question which came up for our consideration is whether benefit […]

HC set aside Section 148A(d) order passed without considering reply of Assessee

November 22, 2022 4029 Views 0 comment Print

Rise Projects Private Limited Vs ACIT (Delhi High Court) Petitioner states that impugned order dated 15th July, 2022 passed under Section 148A(d) of the Act has been passed without considering the detailed reply filed by the petitioner. Learned senior standing counsel for the respondents-revenue, accepts notice. He, on instructions, states that as the petitioner’s contentions have […]

Section 173 of CrPC does not prescribe piecemeal investigation

November 22, 2022 2649 Views 0 comment Print

Subhra Jyoti Bharali Vs Directorate of Enforcement (Gauhati High Court) Section 173 of the CrPC does not prescribe piecemeal investigation and filing of incomplete charge sheet before the court. Section 173(8) CrPC prescribes that even after filing of charge sheet further investigation can be done. In that case, if the investigating officer gathers additional evidence, […]

Cenvat credit admissible even if windmill is not located inside factory premises

November 22, 2022 1281 Views 0 comment Print

It is not in dispute that the said electricity is supplied to the factory of the respondent and the same is used for manufacturing activity. Merely because the wind generation plant is situated far away from the manufacturing activity, credit cannot be denied.

Dept cannot refuse to release goods & conveyance if appellant compiles with Section 129(1)(c)

November 22, 2022 1275 Views 0 comment Print

Kerala High Court held  that if petitioner complies with provision of Section 129 (1)(c) of CGST Act, 2017, there is no reason for Assistant State Tax Officer to refuse the release of the goods and the conveyance, pending finalisation of the proceedings issued under Section 129.

In absence of proof for cash deposit from rental income, Section 69A addition justified

November 22, 2022 2442 Views 0 comment Print

In absence of details regarding rental receipt from property, explanation of assessee is that cash deposits into bank account is out of rental income, cannot be accepted

XBRL introduced for submission of Announcements- NSE seek comments

November 22, 2022 1005 Views 0 comment Print

Seeking of comments / feedback on the XBRL being introduced for submission of Announcements pertaining to: One time settlement (OTS)/Inter-Creditors Agreement, Agreements which are binding and not in normal course of business, revision(s) or amendment(s) and termination(s) thereof, Fraud / Defaults by promoter or key managerial personnel or by the listed entity or arrest of key managerial personnel or promoter

Principle of natural justice should be given due consideration while adjudicating tax dispute

November 21, 2022 3048 Views 0 comment Print

It is well settled that no one should be condemned unheard. Therefore, principle of natural justice should be given due consideration while adjudicating the tax dispute.

Excise Duty paid under protest adjustable against amount payable under SVLDRS 

November 21, 2022 1089 Views 0 comment Print

Amount deposited has no specific colour since the amount was deposited under protest and even before the crystallisation of the liability of the respondent-assessee as Central Excise Duty or as interest

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