Who is entitled for TDS credit when the TDS is done in the name of the Partner and the Property is owned by firm
There are often the cases wherein the property is onwed by the firm in the name ...
Read More
The Blogs
Alternative remedy is not bar to jurisdictional issue through writ: Supreme Court
Alternative remedy is not bar to jurisdictional issue through writ: Supreme Court
Here is a landmark order by the Hon’ble Supreme Court wherein it has been held that the alternative remedy is not bar to jurisdictional issue through writ. There ...
Read More
Sales tax subsidy is a capital receipt: ITAT Mumbai
Sales tax subsidy is a capital receipt: ITAT Mumbai
Deputy Commissioner of Income Tax, CC, 2(2) Vs. M/s Vinati Organics Ltd (ITA No.445/Mum/2022)
Facts:
The assessee had raised additional ground of appeal before the ld. CIT(A) that assessing officer be directed ...
Read More
Benefit of Circular 183/15/2022-GST dated 27-Dec-2022 resolving the ITC mistmatches between GSTR 3B and GSTR 2A applies to FY 2019-20 also: Karnataka High Court
Benefit of Circular 183/15/2022-GST dated 27-Dec-2022 resolving the ITC mistmatches between GSTR 3B and GSTR 2A applies to FY 2019-20 also: Karnataka High Court
Read More
Delayed filing of GSTR 1/3B & Denial of ITC vis a vis Principal of Natural justice and was violation of Article 14 of the constitution of India.
Delayed filing of GSTR 1/3B & Denial of ITC vis a vis Principal of Natural justice and was violation of Article 14 of the constitution of India.
Here was an interesting case before Hon’ble Division Bench of the Calcutta High ...
Read More
ITAT can not pass an order in any manner it likes
ITAT can not pass an order in any manner it likes
Here is a classic example of ITAT resorting to copy and paste order which was rightly set aside by the Court, though leading to wastage of time and money.
The ...
Read More
CBDT has granted a further extension of timelines to comply with provisions of section 54 to 54GB.
CBDT has granted a further extension of timelines to comply with provisions of section 54 to 54GB.
F. No. 2251 4912021-ITA-1l
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
•••••
Circular No~ of2023
New Delhi, dated 06 January, 2023
Subject: Extension ...
Read More
Sec. 80P deduction can’t be denied to the assessee merely on reason that it didn’t file return of income: ITAT
Sec. 80P deduction can’t be denied to the assessee merely on reason that it didn’t file return of income: ITAT
Here is a landmark order wherein it has been held that section 80A(5) was applicable only when a return of ...
Read More
Additions framed on account of alleged cash receipts not valid where no witnesses to such payments are available to testify & where based solely on a statement that some payments were made
Additions framed on account of alleged cash receipts not valid where no witnesses to such payments are available to testify & where based solely on a statement that some payments were made
The case detail is as under:
Kundan Builders Vs ...
Read More
Additional ground not raised before the CIT could be raised before the Tribunal: Calcutta HC
Additional ground not raised before the CIT could be raised before the Tribunal: Calcutta HC
Principal Commissioner of Income Tax 2 Kolkata Vs Eversafe Securities Pvt Ltd (ITAT/156/2022, IA NO: GA/1/2022, GA/2/2022)
Facts:
Assessment Order was passed under Sec 143(3) of ...
Read More
Science has not yet invented any instrument to test the reliability of the evidence placed before a Court or Tribunal- Supreme Court in CIT Vs. Durga Prasad More
Science has not yet invented any instrument to test the reliability of the evidence placed before a Court or Tribunal- Supreme Court in CIT Vs. Durga Prasad More
The Hon’ble Supreme Court in the case of CIT Vs. Durga Prasad More has ...
Read More
If the cash sales and receipts are duly supported by relevant bills which were produced in the course of assessment proceedings, addition U/s 68 is unwarranted
If the cash sales and receipts are duly supported by relevant bills which were produced in the course of assessment proceedings, addition U/s 68 is unwarranted
There are few other important observation as well by the ITAT Jaipur Bench as ...
Read More
No new material or facts came to the knowledge of the assessing officer- Reopening is invalid
No new material or facts came to the knowledge of the assessing officer- Reopening is invalid
There are various cases wherein the reassessment proceedings are re-initiated and reopened without any new set of information or material. Whether it is permissible ...
Read More
Foreign tax credit cannot be denied merely due to delay in filing of Form 67: ITAT
Foreign tax credit cannot be denied merely due to delay in filing of Form 67: ITAT
Nirmala Murli Relwani Vs ADIT (ITA No. 2094/Mum./2022)
Facts:
The assessee is an individual. The assessee filed her original return of income under section 139(1) ...
Read More
Reopening on the same set of facts which was available earlier is invalid: Calcutta High Court
Reopening on the same set of facts which was available earlier is invalid: Calcutta High Court
There are various cases wherein the reassessment proceedings are re-initiated and reopened without any new set of information or material. Whether it is permissible ...
Read More
Short Overview of the Circular No. 183 to 188 issues by CBIC
Short Overview of the Circular No. 183 to 188 issues by CBIC
Multiple circulars issued by CBIC on GST from 183 to 188. Let us have a shortest overview with regard to the issue in the said CBIC circular:
Circular 183:: ...
Read More
Excess availment of Input tax credit pertaining for the FY 2017-18 & FY 2018-19: An overview of the circular No.183/15/2022 Dt.27/12/2022:
Excess availment of Input tax credit pertaining for the FY 2017-18 & FY 2018-19: An overview of the circular No.183/15/2022 Dt.27/12/2022:
One may note that the above instructions of circular No.183/15/2022 Dt.27/12/2022 will apply only to the ongoing proceedings in ...
Read More
Pune ITAT allows deduction u/s. 80P(2)(a)(i) & 80P(2)(d) in respect of interest income on its investment
Pune ITAT allows deduction u/s. 80P(2)(a)(i) & 80P(2)(d) in respect of interest income on its investment
Despite a few contrary rulings by the Karnataka High Court and Delhi High Court, there are various tribunal which has distinguished the SC judgement ...
Read More