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Miscellaneous expenses Paid by Cheques based on Self-Made Voucher allowable

June 23, 2022 4053 Views 0 comment Print

ITAT held that miscellaneous expenses Paid Through Cheques Based On Self-Made Voucher Allowable for the purpose of business are allowable.

No section 271B penalty for delay in Audit report filing due to Illness of Accountant

June 23, 2022 4782 Views 0 comment Print

Section 273B of the Act provides that the penalty u/s 271B need not be imposed if there is a reasonable cause for the said failure.

Central Excise: Adjustment cannot be exercised for demand of tax/interest/penalty which is sub-judice

June 23, 2022 975 Views 0 comment Print

Section 11 – Power of adjustment cannot be exercised for demand of tax/interest/penalty which is sub judice by Central Excise officers.

Mere note in balance sheet not alter legal status of independent entity of companies

June 23, 2022 555 Views 0 comment Print

Merely because a note was given in the balance sheet of the appellant company that the service recipient’s company is an Associates Company of the appellant does not alter the legal status of independent entity of both the companies.

Adjustment on debatable issue not permitted in section 143(1)(a) intimation

June 22, 2022 1986 Views 0 comment Print

City Manager Association Ahmedabad Municipal Corporation Vs DCIT (ITAT Ahmedabad) Let us consider the scope of section 154 for making prima facie adjustment while processing return under section 143(1)(a) of the Act i.e. process of dealing with the return is an ex parte process. It is pertinent to observe that whenever any debatable issue is […]

HC Quashes assessment order for non-consideration of submission of Assessee

June 22, 2022 1869 Views 0 comment Print

Baxter India Private Limited Vs Addl. CIT (Delhi High Court) 1. Present writ petition has been filed challenging the impugned assessment order dated 31st March, 2022 passed for the Assessment Year 2016-17 under Section 147 read with Sections 144 & 144B of the Income Tax Act, 1961 (for short ‘Act’) as well as demand notice […]

IGST Refund Allowable On Zero Rated Supplies despite duty drawback claim at higher rate

June 22, 2022 1548 Views 0 comment Print

Phoenix Contact India Private Limited Vs Commissioner of Customs (Exports) (Delhi High Court) Despite the correction having been permitted, the refund of IGST was not granted to the petitioner. The petitioner has remained engaged with the respondent/revenue in this regard since October, 2018. Because there was no movement in the matter, the petitioner was propelled […]

Credit for TDS is available in the year in which income is reported

June 22, 2022 3162 Views 0 comment Print

Interglobe Entreprises Pvt. Ltd Vs ACIT (ITAT Delhi) A combined reading of Section 199(3) r.w. Rule 37BA(3) makes the position of law clear that credit for TDS is available in the year in which the income is reported and as a corollary, should not be deferred to some other assessment year. In the instant case, […]

Denying opportunity of adequate time violates mandate of Section 148A(b)

June 22, 2022 681 Views 0 comment Print

Ester Industries Ltd Vs ACIT (Delhi High Court) This Court is of the view that the petitioner/assessee has the right to get adequate time in accordance with the Act to submit its reply. It is pertinent to mention that Section 148A(b) permits the Assessing Officer to suo moto provide up to thirty day’s period to […]

ITAT Restores Matter To CIT(A) for proper examination & verification of documents

June 22, 2022 705 Views 0 comment Print

Harish Aswal Vs DCIT (ITAT Delhi) Ld. Counsel for the assessee submitted that the assessee has submitted all documentary evidences before the authorities below including ledger account of Centurian Bank Account No.442756061 available at page 108 to 138 of assessee’s Paper Book before the AO as well as before Ld.CIT(A) which clearly shows that the […]

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