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Judiciary

Source of cash deposit not satisfactorily explained hence addition u/s 69 sustained

May 12, 2023 12870 Views 0 comment Print

ITAT Chennai held that addition u/s 69 towards unexplained money sustained on failure to explain the source of the cash deposits with necessary evidences.

Section 54F exemption eligible even if construction of new house starts before sale of original asset

May 12, 2023 8952 Views 0 comment Print

Kapil Kumar Agarwal Vs DCIT (ITAT Delhi) ITAT held that assessee has purchased a house property i.e. a new asset and is entitled to exemption u/s 54F of the act despite the fact that construction activities of the purchase of the new house has started before the date of sale of the original asset which […]

SC on clarification filed by Revenue in matter of Abhisar Buildwell P Ltd

May 12, 2023 5289 Views 0 comment Print

PCIT Vs Abhisar Buildwell P. LTD. (Supreme Court of India) Clarification application file by Revenue on issue of permitting 148 notice dismissed by Supreme Court with liberty  to Revenue to file Review application. Further in case such review application is filed it will be heard in open court . We observe that as we have […]

Order passed after due application of mind cannot be subjected to proceeding u/s. 263

May 12, 2023 1020 Views 0 comment Print

Shri Keshoraipatan Sahkari Sugar Mills Ltd. Vs PCIT (ITAT Jaipur) We find that the assessment was taken up for scrutiny under CASS to examine the deduction claimed chapter VIA for limited purpose and on this issue, there is finding of the ld. AO in the assessment order. Yet, learned PCIT has subjected the assessment order […]

No penalty on income voluntarily declared in ROI after receipt of section 148 notice

May 12, 2023 13722 Views 0 comment Print

Voluntary Income declared by assessee on its own i.e. without any detection cannot be considered as equivalent to providing inaccurate particulars of income or concealing particulars of Income

Section 271D cannot be imposed after expiry of larger period of limitation

May 12, 2023 5586 Views 0 comment Print

Jagdish Chandra Suwalka Vs JCIT (ITAT Jaipur) ITAT observed that the provisions contained u/s 275(1)(a)are not applicable on the facts of present case for the reason that undisputedly no appeal has been filed against the assessment order passed on 28.12.2017. Therefore, it cannot be said that the relevant assessment or other order was subjected to […]

Administrative instructions cannot bar claim of GST refund if legal requirements contained in law are fulfilled

May 12, 2023 1215 Views 0 comment Print

Impugned order rejecting claim of refund and depriving the petitioner of the refund to which it may be entitled, without any authority of law, cannot be allowed to be sustained. Administrative instructions cannot bar claim of refund if the legal requirements as contained in the law are fulfilled.

GST Amnesty Scheme From April 2023

May 12, 2023 181458 Views 7 comments Print

Amnesty available to non-filers of Form GSTR-4 [composition scheme dealer] –If any composition dealer who has not filed or furnished the return in form GSTR-4, for the period from July 2017 to March 2022, and files or furnishes such return between 1st April 2023 to 30th June 2023, then the late fee is restricted to Rs 500/- per year.

Subsequent use of land by purchaser not relevant to decide nature of land when it was sold

May 12, 2023 1524 Views 0 comment Print

mere non-disclosure of agricultural income in the return of income does not change the characteristics of land. Subsequent use of land by the purchaser has no connection to decide the nature of land, whether it is an agricultural land.

Input Tax Credit for Machinery Foundation and Structural Supports

May 12, 2023 15753 Views 0 comment Print

In re Colourband Dyestuff P Ltd (GST AAR Gujarat) Colourband Dyestuff P Ltd, a dye manufacturing company, has filed an application seeking an advance ruling on the eligibility of input tax credit (ITC) for the works contract services and materials used for the foundation and structural supports of their machinery. The applicant argues that the […]

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