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Judiciary

GST applies on Voluntary Gratuitous Payment From Outgoing Member: AAAR

March 23, 2023 1866 Views 0 comment Print

In re Monalisa Co-Operative Housing Society Limited (AAAR Maharashtra) In the instant case, outgoing member of the society, Mr Sanjay Prakash Sahjwani, has made payment of Rs 17,70,000/- to the society which appellant claims to be voluntary contribution on his own will and volition. On bare perusal of the affidavit submitted by the appellant in […]

Revision by PCIT was justified as there was no lack of investigation by AO

March 23, 2023 1356 Views 0 comment Print

AO had applied his mind while doing the assessment therefore, the investigation by AO could not be called ‘lack of investigation’ and revision order passed under section 263 was quashed.

The Court may throw a meritorious case for latches if filing is an afterthought

March 23, 2023 1791 Views 0 comment Print

t was decided that Incase it can be proved that the delay in filing of the appeal was on the advice of a professional, it would be considered that the delay is not attributable on the negligent/casual approach of the assessee.

Property from ‘Will’ eligible for cost indexation from first owner’s acquisition date

March 23, 2023 3987 Views 0 comment Print

Mumbai ITAT holds that while computing capital gains arising on transfer of a capital asset received by the Assessee under a will, the indexed cost of acquisition has to be computed with respect to the year in which the first owner held the asset

Excise: Fixation of MRP must be mandated by law to claim Section 4(A) exemption- SC

March 22, 2023 1458 Views 0 comment Print

SC held that fixation of MRP must have been mandated by law and in the present case the institutional sale to paramilitary forces being exempted from such fixation under legal Metrology (Packaged Commodities) Rules,2011, the voluntary fixing of the MRP could not make the respondent eligible to get the exemption on institutional sales and thus allowed the SLP of the department.

Revision application u/s 264 allowable to rectify bonafide mistake

March 22, 2023 7647 Views 1 comment Print

Calcutta High Court held that revision application filed under section 264 of the Income Tax Act allowable on account of bonafide mistake which cannot be rectified by filing revised return since original return was filed belatedly.

Sale of property held with commercial intent taxable as business income, Section 50C inapplicable

March 22, 2023 1869 Views 0 comment Print

ITAT held that profit from sale of property purchased to exploit commercially and sold as a stock in trade cannot be assessed to tax under the head capital gain and shall be assessed under the head, profit and gains of business or profession;

Tax, interest, penalty, fine, and fees due need to be paid for revocation of cancellation of GST Registration

March 22, 2023 1773 Views 0 comment Print

HC held that tax, interest, penalty, fine, and fees due need to be paid for the revocation of cancellation of GST Registration by assessee.

Follow SOP in faceless assessment environment: Calcutta HC

March 21, 2023 2940 Views 0 comment Print

Standard Operating Procedure (SOP) under the Faceless Assessment framed under Section 144B of the Act had been issued by the National Faceless Assessment Centre, Delhi and communicated to all the Principal Chief Commissioners, Income Tax under the cover of a letter dated 3rd August, 2022.

Resubmit C’ &‘F’ Declaration Forms for validating assessment order under TNVAT Act: HC

March 21, 2023 882 Views 0 comment Print

Assessee had submitted the C and F Declaration Forms with the respondent after passing of the impugned assessment orders, assessee was directed to file a fresh application under Section 84 of the TNVAT Act, 2006, seeking for rectification of the impugned assessment orders, enclosing the C and F Declaration Forms and all other required documents, within a period of one week from the date of receipt of order.

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