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Judiciary

No additions in case business advances were made out of business receipts

March 14, 2023 1230 Views 0 comment Print

Where assessee had offered business receipts amounting to Rs 41,81,800/- in his return of income which was sufficient to make business advances of Rs 8,05,000/- there was no justifiable reason to not accept the entries in the cash book corresponding to advances of Rs 8,05,000/- made out of said business receipts.

Provisions of section 68 inapplicable in absence of maintenance of any books of accounts

March 14, 2023 4560 Views 0 comment Print

ITAT Amritsar held that provisions of section 68 of the Income Tax Act is inapplicable as assessee does not maintain any books of accounts. Mere possession of pass book cannot be treated as books of accounts. Accordingly, addition u/s 68 unsustainable.

Character of charitable purpose gets lost when receipts from business activity is more than 20%

March 14, 2023 1434 Views 0 comment Print

ITAT Pune held that as receipts from business activity is more than 20% of the total receipts, character of charitable purpose as given in section 2(15) will be lost and accordingly, exemption under section 11 of the Income Tax Act not available.

Initiation of coercive recovery proceedings without passing of assessment order is invalid

March 14, 2023 1362 Views 0 comment Print

Madras High Court held that initiation of coercive recovery proceedings, by exercising power under section 45 of the Tamil Nadu Value Added Tax Act, 2006, without passing of assessment order is invalid and unsustainable.

In absence of any incriminating documents seized during search- Additions not justified

March 14, 2023 3654 Views 0 comment Print

In absence of any incriminating documents seized during search, AO is not justified in making addition in non-abated assessment orders u/S 153-A r/W Sec 143(3) of Income Tax Act of 1961.

ITAT allows cash payment made to volunteers for drug analysis

March 14, 2023 897 Views 0 comment Print

Panexcell Clinical Lab Pvt. Ltd. Vs ACIT (ITAT Mumbai) ITAT find that the assessee is in the business of drug analysis, clinical trials, and other research activities and as part of the said business, the assessee does lab study of various drugs before their launch in the market. As per the assessee, for the purpose […]

C-forms cannot be cancelled retrospectively: Delhi HC

March 14, 2023 2118 Views 0 comment Print

Zapsell Retail Vs Commissioner State Goods And Services Tax (Delhi High Court) In Jain Manufacturing (India) Pvt. Ltd. v. The Commissioner Value Added Tax & Anr. (W.P.(C) 1358 of 2016 decided on 06.2016) this Court had held that C-forms cannot be cancelled retrospectively. Further, this Court has disposed of several writ petitions involving the similar […]

HC Rejects Bail Plea of Wife of Ex-CIT in Disproportionate Assets case

March 14, 2023 3861 Views 0 comment Print

During investigation huge property have been seized which were disproportionate to her known source of income, although, she was housewife and no tax return was filed. It is submitted that the petitioner had several joint bank accounts with her husband Tapas Kumar Dutta, 45 mutual fund investment and number of LIC policies.

GST provisional attachment under section 83 cannot be extended

March 14, 2023 2259 Views 0 comment Print

HC held that provisional attachment under section 83 of CGST Act 2017 cannot be extended & also there is no order extending the same.

Section 271B penalty deleted – Tax audit report submitted before finalization of assessment

March 14, 2023 5631 Views 0 comment Print

Assessee gets his accounts audited & furnished section 44AB audit report before finalization of assessment order, so section 271B Penalty deleted

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