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Madras High Court

Tribunal should Issue Specific Directions while Remanding Back the Case to AO

August 14, 2020 813 Views 0 comment Print

whether the tribunal was right in coming to the conclusion that the Assessing Officer has not recorded his mandatory satisfaction as required under Section 14A(2) of the Act?

Form 62 filing Not Mandatory to allow carry forward of Losses u/s 72A

August 14, 2020 5556 Views 0 comment Print

whether the non-filing of prescribed Form No.62 for the third Assessment Year is restrict the Assessee to carry forward losses under Section 72A of the Income TaxAct, 1961?

Onus on revenue to prove that CA Certificate is False Statement

August 13, 2020 3510 Views 0 comment Print

whether Sales Return transactions which are erroneously shown it in sales tax return as sales can be rectified eventually after submission of CA certificate alongwith the concern Invoice memos?

Amendment to Section 40(a)(ia) by Finance Act 2010 was retrospective

August 12, 2020 1023 Views 0 comment Print

CIT Vs Archean Granites Private Ltd. (Madras High Court) The purpose of the amendment made by the Finance Act, 2010 is to solve the anomalies that the insertion of section 40(a)(ia) was causing to the bona fide tax payer. The amendment, even if not given operation retrospectively, may not materially be of consequence to the […]

Reopening of Assessment for Mere Change of Opinion is unjustified

August 12, 2020 2013 Views 0 comment Print

Whether the Tribunal was justified in holding that the reopening of assessment was a result of mere change of opinion, even when there is no opinion formed or expressed by the Assessing Officer on this issue in the original assessment?

Disallowance of 10% expense justified in case of self made vouchers & non production of sub-contractors

August 7, 2020 1947 Views 0 comment Print

Where the books of accounts maintained by contractors were not accepted by the Department, the estimation of profit made on the basis of history of Gross Profit rate and Net Profit rate of assessee in the previous years or comparable cases of contractors could be made. Once such profit rates were compared, the additions on account of non confirmation or non production of the sub contractors, etc. was totally irrelevant and could not be made.

Madras HC issued Notice to Commissioner & AC of GST for ITC related Issues

August 7, 2020 2682 Views 0 comment Print

The Madras High Court issued the notice to the Commissioner and Assistant Commissioner of GST for various issues related to Input Tax Credit, its transitional provisions and concern time limit.

10% disallowance of expenditure towards sub-contract for want of proper bills was justified

August 7, 2020 2361 Views 0 comment Print

Since assessee-contractor carried out work for laying down road in a thermal power plant, therefore, there was no question of not incurring of expenditure by assessee to carry on road work contracts but the disallowance of whole expenditure towards sub contract work by AO for want of proper bills was not justified instead  disallowance of 10% of expenses made by appellate authorities was justified.

Madras HC dismisses plea challenging levy of IBBI on IP Fees

July 28, 2020 885 Views 0 comment Print

Madras High Court upheld the requirement which mandates that the IP should pay a fee calculated at 0.25% of the professional fee earned for services rendered as an IP in the preceding financial year to the IBBI.

Interpret Dispute Resolution Scheme (SVLDR 2019) fairly: HC

July 27, 2020 1278 Views 0 comment Print

the objective of the Dispute Resolution Scheme is to reduce legacy tax disputes and therefore, fairness should be there while interpreting the provisions of the scheme.

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