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Reopening of assessment on Mere audit opinion not valid

November 28, 2022 3375 Views 0 comment Print

Mobis India Limited Vs DCIT (Madras High Court) Hon’ble Supreme Court way back in 1979, in Indian and Eastern News Paper Society, put the issue beyond any pale of doubt by holding that the opinion on law rendered by an audit party cannot be the basis for exercising the power of reassessment. Evaluation of law […]

GST authorities cannot issue SCN under Section 73 for verification of transitional credit

November 28, 2022 15564 Views 0 comment Print

Jharkhand HC held that for verification of transitional credit, GST authorities cannot issue SCN under Section 73 of CGST Act, 2017 questioning eligibility to credit under erstwhile law

Once application for SEZ LOP is accepted, unit attains SEZ status and entitled for exemption u/s 26 of SEZ Act

November 26, 2022 2223 Views 0 comment Print

Bombay High Court held that once the application for SEZ LOP is accepted and LOP is issued, the Unit attains the SEZ Status and therefore entitled to all the exemptions provided under section 26 of the SEZ Act which also includes exemption from payment of duties of customs.

Parameters on cessation of liability to be taxed u/s 41(1) of Income Tax Act

November 26, 2022 5958 Views 0 comment Print

What are the parameters to consider the cessation of liability to be taxed u/s 41(1) of Income-tax Act,1961 and relation with limitation Act 1963?

PF/ESI/EPF paid before filing return of income allowable

November 25, 2022 3153 Views 0 comment Print

PCIT Vs Pro Interactive Service (India) Pvt. Ltd (Delhi High Court) In view of the judgments of the Division Bench of Delhi High Court in Commissioner of Income-Tax versus Aimil Limited, (2010) 321 ITR 508 (Del) the issue is covered against the Revenue and, therefore, no substantial question of law arises for consideration in this […]

Writ petition during Notice stage would frustrate tax administration

November 25, 2022 2478 Views 0 comment Print

HC held that entertaining Writ Petition at the stage of notice would interrupt adjudication process and frustrate tax administration. Assessee has ample opportunity to agitate issues before assessing officer.

Section 119(2)(b) doesn’t impose limitation for filing an application for condonation of delay

November 25, 2022 42456 Views 0 comment Print

Kerala High Court held that as per provisions of section 119(2)(b) the delay to be condoned is the delay in making the application for refund. Accordingly, date of filing of return of income should be considered as application for refund. Section 119(2)(b) does not impose any limitation for the purposes of filing an application for condonation of delay.

Rejection of GST refund towards E-rickshaw – HC remand matter back to AO

November 25, 2022 2277 Views 0 comment Print

R3 Enterprises and Anr Vs Deputy Commissioner of State Tax (Calcutta High Court) This application has been filed in connection with the main writ petition drawing attention of the court about a Circular dated 3rd August, 2022 being No. 179/11/2022-GST issued by the Government of India, Ministry of Finance and relying on such Circular petitioners […]

Derivative contracts entered to hedge exchange risk cannot be treated as trading 

November 25, 2022 864 Views 0 comment Print

PCIT Vs Emmsons International Ltd. (Delhi High Court) Court is of the view that the same was not called for, as the said CBDT Circular No. 3/2010 dated 2nd March, 2010 has been issued in respect of loss on account of trading in foreign exchange derivatives. In the present case, however, the assessee had entered […]

Wife Cannot Be prosecuted For Cheque Issued By Her Husband

November 24, 2022 12327 Views 0 comment Print

HC held that wife cannot be made accused for dishonor of the cheque issued by her husband and he alone can be prosecuted for the same.

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