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

August 14, 2022 4878 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 1065 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 1539 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 3102 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 1263 Views 0 comment Print

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

No Section 153A/153C addition If no Incriminating Material found during Search

August 14, 2022 4752 Views 0 comment Print

If no incriminating material found during Income Tax search in respect of an issue, no addition for such issue can be made Sections 153A/153C

HC quashed GST SCN issued without striking off irrelevant particulars 

August 14, 2022 1827 Views 0 comment Print

HC Quashed GST SCN not indicating contravention committed by petitioner & issued in a format without striking off irrelevant particulars

Disallowance without any cogent reasoning or working not sustainable

August 14, 2022 318 Views 0 comment Print

Addition by AO without providing any cogent reasoning or working, based on which such disallowances were made are not sustainable.

TDS on interest paid to China Development Bank- HC dismisses Stay Application

August 14, 2022 582 Views 0 comment Print

Disputed demand has arisen for failure of Tata Teleservices to deduct tax at source on interest payments made to China Development Bank

Levying building tax by treating rented residential building as commercial building is unsustainable

August 13, 2022 2118 Views 0 comment Print

Held that building constructed as residential building and given on rent for residential purpose cannot be treated as commercial building for levying building tax.

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