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Section 271(1)(c) Notice should clearly specify charge of Penalty

June 24, 2020 2025 Views 1 comment Print

ITO Vs Shri Bimal Talukdar (ITAT Guwahati) The issue under consideration is whether the penalty proceeding u/s 271(1)(c) initiated by the AO sustain Under Income Tax Law? In the present case, the ITAT earlier had allowed the appeal of the assessee and cancelled the penalty levied u/s. 271(1)(c) of the Act by taking note of […]

Transitional ITC Credit on stock claimable within three years: HC

June 24, 2020 915 Views 0 comment Print

Whether the petitioner is entitled to get an opportunity to file the declaration in CGST TRAN –2 in order to be allowed to take transitional Credit on account of inputs held in stock as on the appointed date?

Section 234E late fees leviable despite existence of reasonable cause

June 24, 2020 4332 Views 0 comment Print

Government Secondary School Principal Officer Vs ACIT (ITAT Jaipur) The issue under consideration is whether the late filing fees u/s 234E can be deleted if there is a ‘reasonable cause’ for such default? In the present case, the assessee is the Principal of Secondary School and responsible for deducting tax at source, depositing the same […]

If Interest Free Funds available it presumed that Investments made from that Available Funds

June 24, 2020 945 Views 0 comment Print

Whether the disallowance of Interest u/s 36(1)(iii) is justified in law? If interest free funds available it presumed that Investments made from that available funds.

Penalty cannot be levied for making a claim which may be erroneous or wrong

June 24, 2020 4809 Views 0 comment Print

The issue under consideration is whether the levy of penalty u/s.271(1)(c) of the Act is justified in law for for making a claim which may be erroneous or wrong ?

Set off of Brought Forward Losses of Merged Division in Revised Return allowed by ITAT

June 24, 2020 6444 Views 0 comment Print

ACIT Vs Padma Logistics & Khanij Pvt. Ltd (Madras High Court) The issue under consideration is whether the set off of brought forward losses and unabsorbed depreciation of merged division in revised return is justified in law?  In present case, the assessee Company had filed the original return of income on 28.09.2010 showing total income […]

No conversion from limited to complete scrutiny on mere suspicion 

June 24, 2020 1668 Views 0 comment Print

The issue under consideration whether conversion of the case from limited scrutiny to complete scrutiny is justified in law?

Section 14A Disallowance cannot exceed Exempt Income

June 24, 2020 6891 Views 0 comment Print

The window for disallowance is indicated in section 14A and is only to the extent of disallowing expenditure incurred by the assessee in relation to tax exempt income.

Education Cess & Higher Secondary Education Cess allowable as a Business Expenses

June 24, 2020 16932 Views 0 comment Print

The issue under consideration is whether the Education Cess and Higher and Secondary Education Cess is allowable as a business expenses?

No Adjournment in absence of ‘Vakalatnama’ based on Principle of Natural Justice

June 24, 2020 2430 Views 0 comment Print

Adjournment can be granted in the absence of ‘Vakalatnama’ based on Principle of Natural Justice. Therefore, all the Misc. Applications of the assessee are allowed.

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