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Pre-show cause notice consultation necessary even if same is preventive / related to an offence

April 3, 2022 3168 Views 0 comment Print

L and T Hydrocarbon Engineering Ltd Vs Union of India (Gujarat High Court) Gujarat High Court has held that- [a] The Revenue is not correct in its stance that in the case on hand, the pre-show cause notice consultation was not necessary as the impugned show cause notice is for preventive / related to an […]

Passport Renewal cannot be rejected merely for Pendency of Criminal Cases

April 3, 2022 32370 Views 0 comment Print

Asutosh Amrit Patnaik Vs State of Orissa (Orissa High Court) As per notification No. GSR 570(E) dated 25.8.1993 issued by the competent authority to consider the pendency of criminal case in the granting of renewal of the passport in certain circumstance more particularly issuing a set of guidelines which read as follows: “(a) the passport to […]

Performance Guarantee Commission cannot be reckoned as FTS

April 3, 2022 1359 Views 0 comment Print

Dynamic Drilling & Services Pvt. Ltd. Vs ACIT (ITAT Delhi) The only issue before us is, whether tax credit can be allowed to the assessee company on the income offered to tax in India on the tax deducted by the Singapore Company from the Performance Guarantee Commission during the year under assessment. The main reason […]

Without change in circumstances Dept cannot take a different view on methodology of cost allocation accepted in earlier years 

April 3, 2022 792 Views 0 comment Print

Samarath Realities Vs DCIT (ITAT Ahmedabad) To sum up, the main arguments of the assessee are that the land cost varies from block to block and therefore the same is variable. The cost of land gets allocated through registered sale deed and the same is transferred to the land owner. The assessee of the project […]

CESTAT upheld penalty for not informing of counterfeit goods

April 3, 2022 717 Views 0 comment Print

D.J. Import (Prop-Harpreet Singh) Vs Commissioner of Customs (CESTAT Delhi)  So far as penalty under Section 117 is concerned, CESTAT find that the conduct of the Appellant is also dubious, and not clean. In spite of having knowledge that the goods dispatched by the Shipper vide aforementioned Bill of Lading, being not as per order […]

Section 271(1)(c) notice without specifying the relevant limb is invalid

April 3, 2022 2733 Views 0 comment Print

Mohan Exports India Pvt. Ltd Vs DCIT (ITAT Delhi) The penalty provisions of section 271(1)(c) of the Act are attracted, where the Assessee has concealed the particulars of income or furnished inaccurate particulars of such income. It is also a well-accepted proposition that the aforesaid two limbs of section 271(1)(c) of the Act carry different […]

Rejection of Objection to Section 148 Notice not means finalisation of Assessment: HC

April 3, 2022 3519 Views 0 comment Print

Dar Credit And Capital Limited Vs Union of India (Calcutta High Court) In this case High Court has found Section 148 Notice issued by AO as proper and Valid and further held that Rejection of the petitioner’s objection against the impugned notice under Section 148 of the Act does not mean that it has become […]

Form GST ITC-02A not available on Portal: HC allows credit transfer through Form GSTR 3B

April 3, 2022 1803 Views 0 comment Print

The petitioner has raised a pertinent grievance in this writ petition that the Form GST ITC-02A was not available on the GSTN Portal for the entire period of 30 days from the registration of its separate business verticals and even till the date of filing of the instant writ petition

Delhi HC to decide on validity of Section 148 E-notices – Stays reassessment notices

April 3, 2022 2346 Views 0 comment Print

Sharad Garg Vs ITO (Delhi High Court) By way of the present batch of petitions, this Court has been called upon to decide the validity of E-notices issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). The Petitioners have classified the matters in the following categories: 1. Category […]

Ignorance of Law is not a reasonable cause to delete Section 273 Penalty

April 3, 2022 2478 Views 0 comment Print

Mohd Zaheeruddin Zeeshan Ayub Vs ITO (ITAT Hyderabad) Learned Counsel  contended during the course of hearing that this assessee is drawing salary income on regular basis and it was only in the impugned assessment year that he had carried out corresponding transactions requiring audit report u/s.44AB of the Act. He therefore pleaded assessee’s ignorance only […]

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