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Reopening to further disallow expenses under section 14A on change of opinion is invalid

September 13, 2021 1656 Views 0 comment Print

Sandesh Procon LLP Vs ACIT (Gujarat High Court) A bare perusal of the reasons and original the assessment order made under Section 143(3) of the Act, the facts emerge that, the respondent authority had determined the issue of disallowance after considering the material available and now again without any tangible material available with the Assessing […]

HC directs Advance ruling authorities to answer specific questions asked by Appellant

September 13, 2021 771 Views 0 comment Print

Kasturba Health Society Vs Union of India (Bombay High Court) On going through the impugned orders challenged here, we find that these orders do not answer the basic question raised by the petitioner-society. The question raised by the petitioner-society was as to whether or not, the petitioner-society, on its own strength and in its own […]

TNVAT payable On Sale of Electronically Made Indian Musical Instruments

September 13, 2021 627 Views 0 comment Print

Radel Electronics Pvt. Ltd. Vs Government of Tamil Nadu (Madras High Court) State has not intended to grant exemption in respect of large scale manufacturers of electrically made Indian Musical Instruments. Such Indian Musical Instruments, which all are using the electronic technologies, then it is to be classified as electronic instruments, which would squarely fall […]

NFRA draws conclusion on comments received on consultation paper on enhanced engagement with stakeholders

September 13, 2021 648 Views 0 comment Print

NFRA has received 17 comment letters from Stakeholders, which includes important Industry Bodies, Large Accounting Firms and Research/Academia among others. Overall, stakeholders have expressed support for NFRA’s proposals to proactively promote stakeholder engagement.

Addition for Accommodation Entry not sustainable if no Adverse Finding by AO

September 13, 2021 2712 Views 0 comment Print

DCIT Vs Jaguar Buildcon Pvt. Ltd. (ITAT Delhi) We find that there is no dispute that the assessee has received share application money from six companies, out of which, from three companies assessee has received premium for sums aggregating to Rs.103,80,00,000/-. In the case of Ganesh Buildcon Pvt. Ltd., Feelgood Creation Pvt. Ltd., and Beyond […]

Solar Power Generating Plant is Plant & machinery eligible for ITC

September 13, 2021 7197 Views 0 comment Print

In re Pristine Industries Limited (GST AAR Rajasthan) ‘Solar Power Generating Plant’ of the applicant qualify as ‘plant and machinery’ as it falls under machinery as discussed above and not covers under (i) land, building or any other civil structures; (ii) telecommunication towers; and (iii) pipelines laid outside the factory premises. Therefore, subject to the […]

GST exempt on services relating to conduct of examination for Educational Boards

September 13, 2021 10917 Views 0 comment Print

In re Management & Computer Consultants (GST AAR West Bengal) Whether services related to pre-examination, conducting of examination and post -examination provided to Educational Boards, Council and Universities shall be treated as exempted supply. West Bengal State Council of Technical & Vocational Education and Skill Development, a statutory body, offers courses under various sections like […]

Employees Contribution to ESI & PF not allowable if paid after relevant due date

September 12, 2021 19125 Views 0 comment Print

Vedvan Consultants Pvt. Ltd. Vs DCIT (ITAT Delhi) The solitary ground is directed against the addition of Rs.94,33,788/- u/s 36(1)(va) of the Income Tax Act, 1961. Brief facts as noted from the impugned order are that an addition u/s 36(1)(va) has been made by the DCIT, CPC, Bangalore on account of delay in depositing the […]

Section 263 jurisdiction cannot be exercised if AO Conducted Proper Enquiry

September 12, 2021 3387 Views 0 comment Print

Reliance Industries Ltd. Vs PCIT (ITAT Mumbai) Upon perusal of assessment order under consideration, it is quite evident that an order was passed by Ld. AO u/s 143(3) r.w.s. 147 of the Act. One of the reasons to reopen the case was the allegation of Ld. AO that income from assets given on lease, though […]

Refund for excess Advance Tax paid in 2001 cannot be claimed in 2021

September 12, 2021 8385 Views 1 comment Print

Harbux Singh Sidhu Vs Department of Income Tax (Delhi High Court) Learned Counsel for the Petitioner states that the Respondent had vide 19th April, 2016 requested the Bank officials to verify the transaction of the Petitioner by which it had made a payment of Rs. 6,50,000/- towards payment of Advance Tax for FY 2000-01. He […]

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