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649 days Delay due to Professional Commitments of Auditor cannot be condoned

November 6, 2022 753 Views 0 comment Print

Delay cannot be condoned as Assessee could not file any evidences as to how Assessee’s Counsel was preoccupied in his professional commitments for 649 days.

Tax Audit Report is a vital piece of evidence – ITAT admit additional evidence

November 6, 2022 2223 Views 0 comment Print

Tax Audit Report is a vital piece of evidence which goes to very root of matter and should be admitted for furtherance of cause of justice.

ITAT imposes cost on Assessee for Casual & Cavalier Attitude of Assessee

November 6, 2022 1287 Views 0 comment Print

Reetesh Kumar Vs ITO (ITAT Jaipur) Bench observed that both the lower authorities had dismissed the appeal of the assessee ex-parte for want of non-appearance during the course of hearing.  In view of the request of the ld. AR of the assessee, the appeal of the assessee is restored to the file of the AO […]

Proper service of notice is vital for imposition of section 271(1)(b) penalty

November 6, 2022 1086 Views 0 comment Print

We are of the view that proper service of notice is vital for imposition of penalty under section 271(1)(b). In this regard, we draw reliance in case of CIT vs. Har Parshad (1990) 49 Taxman 168 (P&H).

ITAT directs fresh hearing against ex-parte order- Imposes Cost on Assessee

November 6, 2022 639 Views 0 comment Print

Every assessee has a right to appeal before the authorities against any addition or disallowance made to the returned income, at the same time, it is least expected that the assessee would comply to the notices issued by the authorities in an appropriate way.

Income Tax Refund: HC directs AO to give effect to ITAT & HC order 

November 6, 2022 1146 Views 0 comment Print

Respondents have grossly failed in their duty in law in not passing the appeal effect orders and issuing refund as per Section 153(5) of the Act and their action of withholding the refund is ex facie contrary to and in contempt of Article 265 and 300A of the Constitution of India.

India Infrastructure Project Development Fund Scheme (IIPDF Scheme)

November 5, 2022 1146 Views 0 comment Print

Scheme for Financial Support for Project Development Expenses of PPP Projects – ‘IIPDF Scheme’ (India Infrastructure Project Development Fund Scheme) Notified on 03.11.2022 The Department of Economic Affairs (DEA), Ministry of Finance, Government of India, notifies Scheme for Financial Support for Project Development Expenses of PPP Projects – India Infrastructure Project Development Fund Scheme (IIPDF Scheme) on […]

Appeal effect order has to be passed within 3 months of passing of appeal order

November 4, 2022 30270 Views 0 comment Print

In any event, in accordance with the mandate of law, the appeal effect order has to be passed within three months of passing of the appeal order.

HC have no jurisdiction to entertain appeal related to taxability of service

November 4, 2022 699 Views 0 comment Print

Commissioner of Service Tax Vs Surindra Engineering Co. Ltd (Bombay High Court) Sub-section (2) to section 35L was inserted with effect from 6th August 2014, i.e., prior to the passing of the order impugned in the present appeal by the CESTAT. Even otherwise, this Court in the case of Commissioner of Central Excise, Mumbai-V Vs. […]

Expense on gifting of freebies to medical practitioners not allowable

November 4, 2022 1212 Views 0 comment Print

Mankind Pharma Ltd Vs DCIT (ITAT Delhi) The issue in the present ground is with respect to the disallowance of sale promotion expenses of Rs.1,06,78,600/- by holding it to be covered by Explanation of Section 37(1) of the Act. We find that Hon’ble Apex Court in the case of Apex Laboratories Pvt. Ltd. (supra) has […]

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