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ACCU ICONIC MARK PRIVATE LIMITED offers professional financial consulting, accounting services, and innovative advertising & marketing solutions to support business growth and success.”

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03/07/2026

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Here is a professional and engaging version for your post under **CASE SUMMARY** and **EXPERT ADVICE**: # # # **πŸ“Œ CASE S...
02/07/2026

Here is a professional and engaging version for your post under **CASE SUMMARY** and **EXPERT ADVICE**:

# # # **πŸ“Œ CASE SUMMARY**

The Delhi High Court ruled that additions made under **Section 68** on alleged bogus **Long-Term Capital Gains (LTCG)** from penny stocks cannot be sustained merely on the basis of an investigation report. The ITAT, being the final fact-finding authority, had already examined the evidence and concluded that the Revenue failed to establish the transactions as bogus. Since the findings were purely factual, the High Court held that **no substantial question of law** arose and dismissed the Revenue's appeals. The Supreme Court later permitted withdrawal of the SLP, leaving the High Court's decision undisturbed.

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# # # **πŸ’Ό EXPERT ADVICE**

βœ”οΈ Tax additions under **Section 68** must be supported by **credible evidence**, not merely suspicion or investigation reports.

βœ”οΈ Maintain complete documentation such as **demat statements, contract notes, bank records, and broker confirmations** to substantiate genuine share transactions.

βœ”οΈ A well-documented case significantly strengthens your position during assessments and appellate proceedings.

**Need assistance with Income Tax litigation, reassessment, or Section 68 matters?**
**ACCU ICONIC MARK PRIVATE LIMITED** provides expert support in **Tax Advisory, Income Tax Litigation, GST Compliance, Accounting, and Financial Consulting.**

 # # # **CASE SUMMARY****Issue:** Whether the reassessment notice for AY 2017–18 was barred by limitation under Section ...
01/07/2026

# # # **CASE SUMMARY**

**Issue:** Whether the reassessment notice for AY 2017–18 was barred by limitation under Section 149(1).

**Held:**
The High Court held that the time consumed in considering replies to the notice under Section 148A(b), including adjournments sought by the assessee, is excluded while computing the limitation period under the fifth proviso to Section 149(1). Consequently, the notice issued under Section 148 was held to be valid. The Supreme Court dismissed the SLP, affirming the High Court's view.

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# # # **EXPERT ADVICE**

βœ” Carefully monitor all timelines in reassessment proceedings.

βœ” Time taken due to adjournments requested by the assessee may extend the limitation period.

βœ” Respond to notices under Section 148A(b) promptly to avoid unnecessary delays.

βœ” Before challenging a reassessment notice on limitation grounds, verify the effect of the provisos to Section 149(1).

βœ” Maintain complete records of notices, replies, and adjournment requests, as these can be crucial in litigation.

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# # # **KEY TAKEAWAY**

**Delay attributable to proceedings under Section 148A(b), including assessee-requested adjournments, may be excluded while computing limitation under Section 149(1), thereby validating a reassessment notice that might otherwise appear time-barred.**

This format is concise, professional, and ideal for a LinkedIn or Facebook legal update with clear sections titled **Case Summary**, **Expert Advice**, and **Key Takeaway**.

πŸ“ž Let's Build Your Business Together!βœ… GST Services | Accounting | ITR Filing | Tax Audit | Project Reports | Company Re...
29/06/2026

πŸ“ž Let's Build Your Business Together!
βœ… GST Services | Accounting | ITR Filing | Tax Audit | Project Reports | Company Registration

Call Today: 9220641168

βš–οΈ **Faceless Assessment Is Not Just a Digital Processβ€”It Must Also Be Fair and Lawful**The recent Tribunal ruling reinf...
29/06/2026

βš–οΈ **Faceless Assessment Is Not Just a Digital Processβ€”It Must Also Be Fair and Lawful**

The recent Tribunal ruling reinforces an important principle: **procedural compliance under Section 144B is not a mere technicalityβ€”it is a jurisdictional requirement.**

Where an assessee raises a valid objection regarding non-compliance with the mandatory faceless assessment procedure, the Tribunal is duty-bound to adjudicate that issue. Ignoring such a fundamental objection strikes at the very root of the assessment proceedings.

Further, the case highlights that **documentary evidence cannot be brushed aside without proper appreciation.** GST returns, banking transactions, financial records, and supporting documents must be examined holistically before questioning the genuineness or creditworthiness of transactions.

Recognizing these lapses, the Tribunal remitted the matter for **fresh adjudication**, directing that:
βœ” Jurisdictional objections under Section 144B be decided first.
βœ” All documentary evidence be examined objectively.
βœ” Adequate opportunity of hearing be provided to the assessee.

πŸ“Œ **Key Takeaway:**
Digital assessments may have transformed tax administration, but they have **not diluted the principles of natural justice.** Procedural safeguards and fair consideration of evidence remain the cornerstone of every valid assessment.

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# # πŸ‘¨β€βš–οΈ Expert Advice

πŸ’‘ **What taxpayers and professionals should keep in mind:**

βœ… **Verify Section 144B compliance** in every faceless assessment. Any procedural lapse may affect the validity of the assessment.

βœ… **Raise jurisdictional objections at the earliest** and ensure they are specifically adjudicated by the appellate authority.

βœ… **Maintain a complete documentary trail**β€”GST returns, bank statements, invoices, confirmations, income-tax records, and other supporting documents strengthen the genuineness and creditworthiness of transactions.

βœ… **Do not accept non-speaking orders.** If material evidence or jurisdictional objections are ignored, appropriate appellate remedies should be considered.

βš–οΈ **Professional Insight:**
*A faceless assessment cannot become a "fairness-less" assessment. Compliance with statutory procedure and objective evaluation of evidence are indispensable for a legally sustainable order.*

🚨 Section 154 Alert: Rectification Cannot Review an Appellate Order – No Notice, No Hearing, No Valid Amendment! βš–οΈ
27/06/2026

🚨 Section 154 Alert: Rectification Cannot Review an Appellate Order – No Notice, No Hearing, No Valid Amendment! βš–οΈ

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26/06/2026

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1. **πŸš€ One Stop Solution for All Your Business & Tax Needs!**
2. **πŸ’Ό Grow Your Business with Trusted Financial Experts**
3. **πŸ“ˆ From GST to Company Registration – We Handle Everything!**
4. **βœ… Your Business, Our Responsibility!**
5. **πŸ’‘ Professional Business Services at Affordable Prices**
6. **🏒 Start, Manage & Grow Your Business with Confidence**
7. **πŸ“Š Complete GST, ITR & Company Registration Services Under One Roof**
8. **⚑ Fast, Reliable & Affordable Business Compliance Services**
9. **🎯 All Your Business Compliance Needs – One Trusted Partner**
10. **🌟 Simplifying Business Compliance, One Service at a Time!**

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**πŸš€ Complete Business & Tax Solutions Under One Roof!**

From **GST, Accounting, ITR Filing, Tax Audit, Project Report Preparation, to Company Incorporation** – we provide reliable and affordable professional services across India.

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πŸ“ž **Call/WhatsApp:** **9220641168**

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Case SummaryThe High Court held that granting a personal hearing under the GST law is mandatory before passing an assess...
26/06/2026

Case Summary

The High Court held that granting a personal hearing under the GST law is mandatory before passing an assessment order. Since no hearing date was fixed and the assessment was finalized without giving the taxpayer an opportunity to be heard, the Court found a violation of the principles of natural justice. Accordingly, both the assessment order and the appellate order were set aside, and the matter was remanded to the adjudicating authority for fresh adjudication after the petitioner deposits the required amount and informs the department within the prescribed time.

Expert Advice

A personal hearing is a statutory right under GST wherever required. If an assessment order is passed without providing an opportunity of hearing, it may be challenged on the ground of violation of natural justice. Taxpayers should preserve all notices, maintain records of communications, and promptly respond to departmental proceedings. Where no hearing is granted despite a request or legal requirement, appropriate legal remedies can be pursued to seek fresh adjudication.

Case SummaryThe Supreme Court upheld the principle that Rule 86A of the CGST Rules allows authorities to block only the ...
23/06/2026

Case Summary

The Supreme Court upheld the principle that Rule 86A of the CGST Rules allows authorities to block only the Input Tax Credit (ITC) that is actually available in the Electronic Credit Ledger. The Court clarified that negative blocking, where the blocked amount exceeds the available ITC balance, is not permitted under the law.

The Court further observed that prior notice is not mandatory before invoking Rule 86A because the provision is designed to protect government revenue in urgent situations. However, Rule 86A is only a temporary preventive measure and cannot be used as a tool for tax recovery. Where the department seeks recovery of wrongly availed ITC, it must initiate proceedings under Sections 73 or 74 of the CGST Act, following the prescribed legal process. Finding no reason to interfere, the Supreme Court dismissed the Special Leave Petitions (SLPs).

Expert Advice

βœ… Rule 86A is preventive, not punitive. Authorities can temporarily block only the ITC that is available in the Electronic Credit Ledger.

βœ… Negative blocking is illegal. If the blocked amount exceeds the available ITC balance, taxpayers have strong grounds to challenge the action.

βœ… Recovery requires due process. Any demand for reversal or recovery of ITC must be made through proceedings under Sections 73 or 74 of the CGST Act, with an opportunity of hearing.

βœ… Maintain complete documentation. Businesses should preserve invoices, e-way bills, payment proofs, GSTR-2B reconciliation, and supplier compliance records to substantiate ITC claims.

βœ… Seek legal remedy promptly. If your Electronic Credit Ledger has been blocked beyond the available balance or without statutory authority, consider filing objections or approaching the appropriate High Court for relief.

Key Takeaway:
Rule 86A permits temporary blocking of only the available ITCβ€”it cannot create a negative balance or replace the statutory recovery mechanism under the GST law.

Case SummaryThe High Court ruled that once a matter is remanded for fresh adjudication, the Assessing Officer must decid...
22/06/2026

Case Summary

The High Court ruled that once a matter is remanded for fresh adjudication, the Assessing Officer must decide the case based on the original Show Cause Notice (SCN) after granting a personal hearing and considering the taxpayer's reply. Issuing a fresh SCN after remand is contrary to the Court's directions, exceeds the scope of the remand order, and is legally unsustainable. Consequently, the impugned adjudication order was quashed, and the matter was remanded for fresh adjudication strictly in accordance with the original SCN.

Expert Advice

βœ” A remand order does not authorize the department to initiate fresh proceedings unless expressly permitted by the Court.

βœ” Taxpayers should carefully examine whether the adjudicating authority has acted within the scope of the remand directions.

βœ” If a fresh Show Cause Notice is issued despite the Court directing adjudication on the original notice, such action can be challenged as being without jurisdiction and contrary to judicial directions.

βœ” Authorities must ensure compliance with the principles of natural justice by granting a personal hearing, considering the taxpayer's reply, and passing a reasoned order based solely on the original proceedings.

Key Takeaway: A remand restores the original proceedingsβ€”it does not permit the tax department to restart the case by issuing a fresh Show Cause Notice unless specifically authorized by the Court.

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