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Judiciary

HC dismisses State application for condonation of Delay of 3502 days

April 22, 2023 336 Views 0 comment Print

Revision under Section 55 of Uttarakhand VAT Act to assail order dated 22.04.2013, with application to seek condonation of delay of 3502 days

Purchase treated as accommodation entries without considering documents – HC set-aside order

April 22, 2023 726 Views 0 comment Print

Delhi High Court sets aside a tax notice against Majestic Handicraft Private Limited, challenging the claim of accommodation entries.

Section 43B not apply to External Development Charges payable to HUDA

April 22, 2023 795 Views 0 comment Print

Addition u/s 43B on account of External Development Charges (EDC) not paid to HUDA before due date of filing return of income not justified

Inordinate & Unexplained Delay in appeal – HC denies Condonation

April 22, 2023 888 Views 0 comment Print

It is well settled that each day of delay in filing has to be explained. In present case, there are large gaps in time period for which no ostensible reason been provided.

No Section 271B penalty if provisions of Section 44AB not applicable to assessee

April 22, 2023 1395 Views 0 comment Print

As the turnover of the assessee was less than the prescribed limit fixed for tax audit, provisions of Section 44AB of the Act are not applicable to the assessee. When the provisions of Section 44 AB of the Act are not applicable to the facts of the case, levy of penalty under Section 271B of the Act does not arise.

Share application money is not loan or deposit to levy section 271D penalty

April 22, 2023 678 Views 0 comment Print

Share application money is not loan or deposit and hence not falls u/s 269SS of the Act and penalty u/s 271D cannot be levied.

If GST refund application is not deficient in material particulars, it cannot be treated as non est

April 21, 2023 1782 Views 0 comment Print

Delhi High Court remands BSNL’s GST refund case to Adjudicating Authority, highlighting the importance of proper document submission under CGST Act.

Hair Transplant is a cosmetic surgery & liable to service tax levy

April 21, 2023 5757 Views 0 comment Print

Hair Transplant is neither undertaken to restore or reconstruct anatomy or its functions, nor the procedure of hair transplant restores developmental abnormalities degenerative diseases, injury or trauma. We find that hair transplant is a medical procedure to improve outer look of the body for time being and it does in any way contributes to the anatomy or functions of human body.

AO cannot Levy Late Fee under section 234E for period Prior to 01.06.2015

April 21, 2023 1992 Views 0 comment Print

ITAT Hyderabad’s decision exempts Ochre Media Pvt. Ltd. from late filing fees under Section 234E for TDS returns, citing procedural amendments.

Claim of depreciation allowed in initial year cannot be disturbed in subsequent years

April 21, 2023 1161 Views 0 comment Print

ITAT Delhi held that if in the initial year of claim the depreciation, is allowed, the claim cannot be disturbed in the subsequent years.

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