Advocate Amit Bajaj

Capital Gain on Conversion of Capital Asset into Stock in Trade

Income Tax - Section 45(2) of Income Tax Act deals with the cases where a capital asset is converted into stock in trade. Whenever a capital asset is converted into stock in trade by an assessee it is deemed as transfer of capital asset and attracts capital gain provisions, in spite of the fact that the ownership of such capital asset doesn’t change...

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Use of section 144A of the Income Tax Act 1961

Income Tax - Assessments under Income Tax Act 1961 are made U/S 143, 144, 147, 153. The criteria’s for selection of cases for scrutiny has been increased. While making the assessment the assessing officer has to appreciate all the facts properly. If there is any misinterpretation of facts it may result in injustice to the assessee. Some times when t...

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Scope of scrutiny assessment in AIR cases under Income Tax Act 1961

Income Tax - Income Tax Department nowadays selects almost all cases for scrutiny assessment under section 143(2) of Income Tax Act 1961 based upon AIR(Annual Information Return) transactions or through CASS. It is sometimes seen that when a case is selected for scrutiny assessment on the basis of AIR transactions, assessing officer also sometime tend...

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Scope of prima facie adjustment u/s 143(1) of Income Tax Act

Income Tax - Many times I have observed in the industry that there is various doubts and misconceptions regarding Intimation u/s 143(1) i.e summary assessment. Hence today I have decided to discussed this for better understanding of the section. So lets start the discussion. Some reasons which may attract demand U/s 143 (1): 1. TDS Credit Mismatch 2. ...

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Consequences of Filing Income Tax Return After Due Date

Income Tax - The due date for filing income tax return for corporate assessees and other assessees who are required to get their accounts audited under Income Tax Act 1961 or under any other law for the time being in force is 30th September and for others it is 31st July every year as have been prescribed u/s 139(1). For a layman sometimes it may c...

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WCT Rate in Punjab enhanced from 5% to 6%

Income Tax - Advocate Amit Bajaj Section 27 of the Punjab VAT Act, 2005 has been amended to enhance the rate of Works Contract Tax i.e   tax to be deducted from payments made to contractors and sub-contractor, from 5% to 6%. Now after the above amendment rate of WCT will be 6% under Punjab VAT Act, 2005....

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Some views on Penal Provisions u/s 29(8) of MVAT Act

Income Tax - It is well esteblished principle that the power to levy penality under taxation laws is incidental and ancillary to the power of collection of tax and is provided to make sure the compliance of tax deposits by the assessees. Taxation laws are welfare laws i.e they are for the welfare of the general public at large....

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No disallowance of ITC for mere technical defect in VAT invoice – HC

M/s Avdesh Tracks Private Limited Vs. The State of Punjab and another (Punjab & Haryana High Court) - The Hon'ble Punjab & Haryana High Court in a crucial decision has held that input tax credit cannot be disallowed merely for a technical defect in the VAT Invoice such as non mentioning of words “Input Tax Credit is available to a person against this copy” as per Rule 54 of the Punjab VAT Rules,...

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No local VAT on goods purchased inter-state or in the course of import in works contracts-SC

Commissioner, Delhi Value Added Tax Vs M/s. ABB Ltd. (Supreme Court of Court) - The Hon’ble Supreme Court delivering very important judgment with regard to taxability of inter-state works contract. In the case of Commissioner, Delhi VAT vs ABB Ltd., it has been held that in case the goods are purchased from other States or are imported from outside the country...

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Assessment time cannot be extended if it already becomes time barred: SC

State of Punjab & Ors. Vs M/S Shreyans Indus.Ltd. Etc. (Supreme Court of India) - Supreme Court, in State of Punjab Vs. M/s. Shreyans Indus Ltd., has held that power of the Sales Tax Commissioner to extend the time to pass an order on assessment is to be exercised before the normal period of assessment expires....

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Punjab VAT-Penalty levied u/s 51 without serving proper notice is illegal

Welspun Projects Limited vs State of Punjab - The Punjab VAT Tribunal in one of my cases namely Welspun Projects Limited vs State of Punjab Appeal No. 146 of 2014 decided on 27.04.2015, has quashed the penalty levied u/s 51 of Punjab VAT Act, 2005 on the roadside, as the same was levied without serving proper notice and thereby denying reasonab...

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State Govt did not have power to legislate Rule 21(8) of Punjab VAT Rules

Jalandhar Vs State of Punjab and others (Punjab & Haryana High Court) - Punjab & Haryana High Court in the case of The Jalandhar Iron and Steel Merchants Association(Regd), Jalandhar vs State of Punjab has held that the State Government did not have power to legislate Rule 21(8) of Punjab VAT Rules, 2005 before 01.04.2014 so as to restrict ITC on stock of iron and stee...

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e-way bill not required till 31.03.2018 for intra-state supplies of goods in Punjab

Notification No. GST-I-2018/101 - (29/01/2018) - Punjab Government has notified under Rule 138(14)(d) of Punjab GST Rules, 2017 that e-way bill will not be required to be generated for a period of two months from 1st February, 2018 for intra-state supply of goods provided such goods do not cross the State boundary during the transit. However, a p...

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Services by Excise and Taxation Department brought under Punjab Right to Service Act, 2011

NO. 5/27/2014-2GR-2(PF)/668042/1 - (15/01/2016) - The Government of Punjab has notified the additional services, stipulated time limit, designated officers, first appellate authorities and second appellate authorities for the purpose of Section 3 of the Punjab Right To Service Act, 2011. This new notification has also brought many services provided...

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Punjab VAT-Rate of tax on iron and steel enhanced to 3.5%

S.O. 9/P.A.8/2005/S.8/2015 - (11/03/2015) - Now, therefore, in exercise of the powers conferred by sub-section (3) of section 8 of the Punjab Value Added Tax Act, 2005, (Punjab Act No. 8 of 2005), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following ...

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Recent Posts in "Advocate Amit Bajaj"

Capital Gain on Conversion of Capital Asset into Stock in Trade

Section 45(2) of Income Tax Act deals with the cases where a capital asset is converted into stock in trade. Whenever a capital asset is converted into stock in trade by an assessee it is deemed as transfer of capital asset and attracts capital gain provisions, in spite of the fact that the ownership of such capital asset doesn’t change...

Read More
Posted Under: Income Tax | ,

Use of section 144A of the Income Tax Act 1961

Assessments under Income Tax Act 1961 are made U/S 143, 144, 147, 153. The criteria’s for selection of cases for scrutiny has been increased. While making the assessment the assessing officer has to appreciate all the facts properly. If there is any misinterpretation of facts it may result in injustice to the assessee. Some times when t...

Read More
Posted Under: Income Tax | ,

Scope of scrutiny assessment in AIR cases under Income Tax Act 1961

Income Tax Department nowadays selects almost all cases for scrutiny assessment under section 143(2) of Income Tax Act 1961 based upon AIR(Annual Information Return) transactions or through CASS. It is sometimes seen that when a case is selected for scrutiny assessment on the basis of AIR transactions, assessing officer also sometime tend...

Read More
Posted Under: Income Tax | ,

Scope of prima facie adjustment u/s 143(1) of Income Tax Act

Many times I have observed in the industry that there is various doubts and misconceptions regarding Intimation u/s 143(1) i.e summary assessment. Hence today I have decided to discussed this for better understanding of the section. So lets start the discussion. Some reasons which may attract demand U/s 143 (1): 1. TDS Credit Mismatch 2. ...

Read More
Posted Under: Income Tax |

Consequences of Filing Income Tax Return After Due Date

The due date for filing income tax return for corporate assessees and other assessees who are required to get their accounts audited under Income Tax Act 1961 or under any other law for the time being in force is 30th September and for others it is 31st July every year as have been prescribed u/s 139(1). For a layman sometimes it may c...

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Posted Under: Income Tax | ,

Legality of withholding GST refunds of exporters as per circular No. 131/1/2020-GST

Exports under GST are considered as zero rated i.e. no tax is payable on export of goods or services. A person making zero rated supply is eligible under GST to claim for refund of unutilized input tax credit. The refund can be claimed by an exporter in two ways as stated in section 16 of […]...

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Posted Under: Income Tax |

Retrospective amendment in section 140 of CGST Act-An overview

Rule 117 of CGST Rules, 2017 provided an important timeline for claiming the input tax credit under transitional arrangements of 90 days with a power to commissioner to extend this period further for 90 days.  The period was extended till 27th December, 2017 to claim transitional credit...

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Posted Under: Income Tax |

Recent Legal Issues In GST Refunds

Refunds are the important part of any tax legislation. Refund is a drawback of the excess taxes paid to the Government subject to the conditions laid down in any law. Article 265 of our constitution provides a base behind legislation of refund provisions under any tax law, which provides that no tax shall be levied […]...

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Posted Under: Income Tax | ,

Tax planning by conversion of stock in trade into capital asset

When a capital asset is converted into stock in trade then capital gain u/s 45(2) of Income Tax Act arises in the year of sale and not in the year of conversion. But in vice versa situation i.e conversion of stock in trade into capital asset there does not arise any capital gain. If an assessee is in the business of real estate and on clo...

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Posted Under: Income Tax | ,

Peak Credit & telescoping theories in assessment proceedings under Income Tax

There may be some cases under Income Tax Assessment proceedings where there are a large number of unexplained credit and debit enteries of a person standing in books of account of an assessee. In such case the AO may tend to add all the aggregate enteries as unexplained income. However, in such case if the assessee does not have any expla...

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Posted Under: Income Tax |

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