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Assessment cannot exceed prescribed ‘limited’ scrutiny scope except as per due process of law

October 13, 2022 1536 Views 0 comment Print

Sagar Uttam Murhe Vs DCIT (ITAT Pune) Case law (2020) 120 com 187 CIT vs. Padmavati (Mad) (HC) holds that such an assessment could not exceed the scope of the prescribed ‘limited‘ scrutiny except as per the due process of law. This is indeed coupled with various coordinate benches decisions reiterating the very legal proposition. […]

HC allows delayed filing of appeal against GST Registration cancellation order

October 13, 2022 3987 Views 0 comment Print

Poonamchand Saran Vs Union of India (Rajasthan High Court) It is not disputed that appeal against cancellation of the GST registration can be filed within thirty days which can be extended by a further period of 30 days. The petitioner Poonamchand Saran filed the e-appeal in time but could not submit the hard-copy. On the […]

ITAT Condones 314 days Delay in filing of Form No. 10CCB

October 13, 2022 4014 Views 0 comment Print

Atlantic Bio Medical Pvt. Ltd Vs DCIT (ITAT Mumbai) Assessee had undisputedly filed the return of income electronically but under bonafide belief that the Form 10CCB was to be filed manually with the AO as and when required thus failed to file the same electronically along with the return of income. No doubt ignorance of […]

IRDAI penalises Max Life Insurance for Misrepresentation

October 13, 2022 2088 Views 0 comment Print

Charge: Not complying with directions issued by Insurance Regulatory And Development Authority of India. Decision: The Insurer Max Life Insurance Co. Ltd has not complied with the directions issued by the Authority vide letters dated 28th January, 2021, and dated 5th February, 2016. Therefore, a penalty of Rs 1 crore (Rupees One Crore only) is […]

No Section 271(1)(c) Penalty on Unsustainable Claims

October 13, 2022 1830 Views 0 comment Print

ACIT Vs Indian Drugs & Pharmaceuticals Limited (ITAT Delhi) The penalty order reveals that the impugned penalty has been imposed by the Ld. AO for the solitary reason that the assessee made claim for deduction of expenses which were not allowable. The assessee furnished explanation for claiming higher deduction of expenses in the revised computation. […]

Interest paid for delayed deposit of TDS cannot be equated to penalty

October 13, 2022 2862 Views 1 comment Print

Interest on TDS is not interest paid on income tax per se and the disallowance thereof, is unwarranted and interest paid for delayed deposit of TDS cannot be equated to penalty or breach of law.

Bar U/S 69 of Partnership Act not applicable to Arbitration Dispute of Unregistered Partnership Firm

October 13, 2022 4338 Views 0 comment Print

Md. Wasim Vs Bengal Refrigeration and Company (Calcutta High Court) The partnership deed containing the Arbitration Clause has not been disputed by the respondents. It is also not in dispute that it is an unregistered partnership deed. The objection of the respondents is in respect of the bar contained under Section 69 of the Act […]

Parallel GST Proceedings by different Wings of Same department for same Period not Permissible

October 13, 2022 6426 Views 0 comment Print

R. P. Buildcon Private Limited & ANr. Vs Superintendent, CGST & CX (Calcutta High Court) As could be seen from the records placed before this Court, we find that three wings of the same department are proceeding against the appellants for the very same period, i.e. financial years 2017- 2018, 2018-2019 and 2019-2020. The learned […]

IRP/ RP cannot charge separate fees for each primary duty performed when a consolidated fees is already being paid

October 12, 2022 2997 Views 0 comment Print

DC observes that the CIRP Regulations covers the complete expenses and fees of the IRP/ RP, and this fee is payable after ratification by the CoC. The approval by the CoC of the expenses incurred in the CIRP is a mechanism for keeping a check on the expenditures made by the IRP/ RP. In the […]

e-Passbook facility for National (Small) Savings Schemes account holders

October 12, 2022 7113 Views 0 comment Print

With introduction of the facility, Post Office Small Savings customers will be able to access the account details anytime, anywhere and without the need of having Net Banking or the Mobile Banking access e-Passbook facility can be accessed by an account holder through the registered mobile number.

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