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No Authority under Law to Levy Section 234E Penalty prior to 01.06.2015

March 16, 2020 8133 Views 0 comment Print

Therefore, according to the Finance Act, 2015, prior to 01.06.2015, your good self had no authority to levy fee, if any, under Section 234E of the Act and thus levy of fee under Section 234E of the Act while processing the statement is beyond the scope of Section 200A of the Act.

Section 11(2) exemption cannot be denied for mere non submission of Form 10 electronically

March 16, 2020 7851 Views 0 comment Print

Parle Hindu Devalaya Mandal Vs DCIT (ITAT Mumbai) The dispute in the present appeal is confined to denial of assessee’s claim of exemption under section 11(2) of the Income Tax Act, 1961. The assessee is a charitable trust and has been granted registration under section 12AA of the Act. For the assessment year under dispute, […]

KGST- Assessment cannot be reopened after 14 years unless fresh receipt of materials for tax evasion

March 16, 2020 1560 Views 0 comment Print

Hence, the High Court of Kerala quashed the reassessment proceedings under section 17D of the Kerala General Sales Tax Act (KGST), 1961 since the provision does not prescribe any time limit and no additional material to undertake the fast track assessment was presented by the department.

Assessment Order passed on Dead Person is Void ab Initio

March 16, 2020 4299 Views 0 comment Print

Service of notice upon a dead person under section 142(1) would not authorise him to assume jurisdiction to pass assessment order on the L/Rs. also.

Misc. Application cannot be filed for review of final ITAT order: HC

March 14, 2020 3756 Views 0 comment Print

In the instant case, HC notice that not only was there no mistake apparent from the record but in the garb of the Misc. Application, petitioner had sought for review of the final order passed by the Tribunal and for re­hearing of the appeal which is not permissible in law. In our view, Writ Petition does not appear to be bonafide.

No writ should be filed if same issue is already pending before CIT(A)

March 14, 2020 4713 Views 0 comment Print

The issue pertaining to the taxability of anonymous donations received in Hundies maintained by the temple trust under Section 115BBC of Income Tax Act, 1961 is pending determination before the Commissioner of Income Tax (Appeals) for Assessment Year 2015-16.

If Goods Component in Photography Service can be separated then No Service Tax levied on Goods Component

March 13, 2020 3075 Views 0 comment Print

Agrawal Colour Advance Photo System Vs Commissioner of Central Excise and Another (Madhya Pradesh High Court at Jabalpur) The issue under consideration is whether while providing photography service whether the use of the paper upon which an image is printed using certain consumables and chemicals, being incidental to the provision of service, amount to sale […]

On mere change of opinion, the concluded assessment cannot be reopened

March 13, 2020 1815 Views 0 comment Print

Akshaya Souharda Credit Cooperative Limited Vs ITO (ITAT Bangalore) The issue under consideration is whether A.O. is correct in re-opening of assessment based on the same material on which he relied at the time of assessment u/s 143(3)? The assessee is a co-operative engaged in providing credit facilities to its members. The assessee filed its […]

Broadcasting Agencies not liable to pay service tax on Additional Consideration Received as Surrogates under BAS

March 13, 2020 1416 Views 0 comment Print

The respondents are, or have been, ‘surrogate’ providers of `broadcasting’ service in India, taxable under section 65(105)(zk) of Finance Act, 1994 since 2001 (and, more especially, with retrospective effect of the amendment incorporated in 2002), in the hands of `broadcasting agency’ as defined in section 65(16) of Finance Act, 1994.

VCES benefit cannot be denied for mere Clerical error

March 13, 2020 678 Views 0 comment Print

The issue in this appeal is whether the benefit of VCES-Voluntary Compliance encouragement Scheme, 2013 have been rightly denied to the appellant on the basis of clerical error in filing the declaration?

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