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Enhancement of Demand beyond Scope of Show Cause Notice Not Sustainable

August 16, 2022 2307 Views 0 comment Print

If authority intend to add interest and penalty on amount fixed in SCN, separate notices ought to have been issued to for the said demand

GST Transitional Credit: SC allows any aggrieved registered assessee

August 16, 2022 1305 Views 0 comment Print

SC in case of Filco Trade Centre Pvt. Ltd. allowed ‘any aggrieved registered assessee’ to file a form seeking Transitional credit or revision thereof

There is no need to file separate claim for Income Tax refund

August 16, 2022 2706 Views 0 comment Print

Assessee need not file any separate claim for Income Tax refund as same is deemed to incorporated in return filed by assessee itself

Electronic Credit Ledger cannot be debited when appeal Already been Filed

August 16, 2022 891 Views 0 comment Print

S. D. Enterprises Vs Assistant Commissioner (Calcutta High Court) Petitioner submits that since the petitioner has approached the appellate authority under the statute and has complied with the provisions regarding deposit of a portion of the disputed amount of tax, the respondent authorities could not have debited the aforesaid amount from the electronic credit ledger […]

Interest payable on refund of money deposited by Assessee upon re-computation by Revenue

August 14, 2022 3831 Views 0 comment Print

Assessee found entitled to refund of money deposited by it upon re-computation by Revenue & interest thereon is liable to be paid under Section 244A(1)(b)

Collector not empowered to revise stamp duty which is already levied & paid

August 14, 2022 6024 Views 0 comment Print

HC Held that Collector could not revise stamp duty upon Deed of Assignment, when he already once levied the stamp duty and endorsed a certificate to that effect on the Deed and such stamp duty was also paid

Issuance of notice of proceedings is mandatory – Section 11 of A&C Act

August 14, 2022 1356 Views 0 comment Print

Held that provisions of section 11(6) are judicial one and hence principal of opportunity of hearing or putting other party to notice is imperative. In absence of issuance of notice u/s 11 of A&C Act, order and proceedings gets vitiate.

GST assessment based on Facebook & social media postings- HC dismisses writ

August 14, 2022 2304 Views 0 comment Print

Petitioner explained that they have not conducted any events in respect of documents available on Facebook and that documents were uploaded only for advertisement

Bad debts written off in books allowable  

August 14, 2022 3831 Views 0 comment Print

To claim deduction on account of bad debts, two conditions have to be met by the Assessee i.e. (i) the bad debts must have been taken into account in computing the income of the Assessee of previous year or of an earlier/previous year and; (ii) the bad debts should have been written off in the accounts of the Assessee.

Withholding certificate at a low tax rate cannot be rejected for demand due to pending rectification applications

August 14, 2022 1746 Views 0 comment Print

Withholding certificate at a low tax rate rejected for huge outstanding demand, although same were due to pending rectification applications

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