Shivali Bardoliya

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Slot Charter Operation will be Included in Deemed Tonnage even if ship is not qualifying ship

Trans Asian Shipping Services Private Limited Vs Commissioner of Income Tax (Kerala High Court) - Trans Asian Shipping Services Private Limited Vs. CIT ( kerala High Court) It was held in the case of the income derived from slot charter operations of a tonnage tax company is not liable to be excluded while determining the tonnage income under the tonnage tax scheme on the ground that such operat...

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Penalty U/s 271C exigible if delay in remittance of TDS for Unreasonable Cause

M/s Classic Concepts Home India Pvt. Ltd. Vs CIT (Kerala High Court) - It was held by Kerala High Court in the case of Classic Concepts Home India Private Limited V/s. CIT that, penalty U/s 271C is exigible if delay in remittance of TDS is caused due to unreasonable cause....

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Delayed Payment of Employees’ Contribution to PF not allowable U/s 43B

The Commissioner of Income Tax, Cochin Vs M/s South India Corporation Ltd. (Kerla High Court) - It was held in the case of CIT v/s South India Corporation Ltd. by Kerla High Court That the assessee is not entitled to claim deduction of the belated payments to the Provident Fund in view of the section 36(1)(va) and 43B of the Income tax Act....

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Settlement Application cannot be admitted without considering objections raised by CIT

Commissioner of Income Tax Vs M/s Sai Prasad Properties Limited (Bombay High Court at Goa) - It was held by Hon’ble High Court of Bombay and Goa in the case of CIT V/s M/s Sai Prasad Properties Limited that an application under section 245D(2C) of the Act has to be disposed of after considering the objections raised by CIT...

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S. 147 Objections of assessee cannot be disposed off on an Imaginary Ground

M/s V M Salgaoncar Sale International Vs Assistant Commissioner of Income Tax (Bombay High Court at Goa) - In was held by High Court of Bombay and Goa in the case of M/s V M Salgaoncar Sale International V/s ACIT, that objections raised by the assessee against the reasons recorded U/s 148 of the Act can not be disposed off on an imaginary ground by the assessing Officer....

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Recent Posts in "Shivali Bardoliya"

Slot Charter Operation will be Included in Deemed Tonnage even if ship is not qualifying ship

Trans Asian Shipping Services Private Limited Vs Commissioner of Income Tax (Kerala High Court)

Trans Asian Shipping Services Private Limited Vs. CIT ( kerala High Court) It was held in the case of the income derived from slot charter operations of a tonnage tax company is not liable to be excluded while determining the tonnage income under the tonnage tax scheme on the ground that such operations are carried on in ships which are n...

Read More

Penalty U/s 271C exigible if delay in remittance of TDS for Unreasonable Cause

M/s Classic Concepts Home India Pvt. Ltd. Vs CIT (Kerala High Court)

It was held by Kerala High Court in the case of Classic Concepts Home India Private Limited V/s. CIT that, penalty U/s 271C is exigible if delay in remittance of TDS is caused due to unreasonable cause....

Read More

Delayed Payment of Employees’ Contribution to PF not allowable U/s 43B

The Commissioner of Income Tax, Cochin Vs M/s South India Corporation Ltd. (Kerla High Court)

It was held in the case of CIT v/s South India Corporation Ltd. by Kerla High Court That the assessee is not entitled to claim deduction of the belated payments to the Provident Fund in view of the section 36(1)(va) and 43B of the Income tax Act....

Read More

Settlement Application cannot be admitted without considering objections raised by CIT

Commissioner of Income Tax Vs M/s Sai Prasad Properties Limited (Bombay High Court at Goa)

It was held by Hon’ble High Court of Bombay and Goa in the case of CIT V/s M/s Sai Prasad Properties Limited that an application under section 245D(2C) of the Act has to be disposed of after considering the objections raised by CIT...

Read More

S. 147 Objections of assessee cannot be disposed off on an Imaginary Ground

M/s V M Salgaoncar Sale International Vs Assistant Commissioner of Income Tax (Bombay High Court at Goa)

In was held by High Court of Bombay and Goa in the case of M/s V M Salgaoncar Sale International V/s ACIT, that objections raised by the assessee against the reasons recorded U/s 148 of the Act can not be disposed off on an imaginary ground by the assessing Officer....

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Time barred assessment cannot be reopened for non satisfaction of conditions for reopening

Betts India Pvt. Ltd Vs The Deputy commissioner of Income Tax (Bombay High Court at Goa)

The hon’ble High Court of Bombay and Goa held in the case of Betts India Pvt. Ltd. V/s DCIT that when all the material facts necessary for assessment has been truly and full disclosed, the assessment can not be re opened after the expiry of time limit ...

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Addition cannot be made if no statement is recorded at the time of search

Smt. Rutu S. Jindal Vs ACIT (ITAT Delhi)

Delhi ITAT held in the case of Smt. Rutu Jindal Vs. ACIT, that if no statement has been recorded at the time of search and where there is no occasion for the assessee to state the fact at the time of search, the addition can not be made without taking in to account the fact of the case which is stated during the appellate proceedings....

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Assessment framed in the name of non existing entity due to amalgamation cannot be cured by Sec. 292B provisions

SC Jhonson Products Private Limited Vs DCIT  (ITAT Delhi)

It was held by ITAT delhi in the case of SC Jhonson Products Private Limited Vs. DCIT, that framing of assessment against a non existing entity/person is not a procedural irregularity but a jurisdictional defect and can not be cured by application of Section 292B of the Income Tax Act, 1961....

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Additional Evidence under Rule 46A must be allowed for reasonable cause

M/s ONS Creations Private Limited Vs ITO (ITAT Delhi)

In the case of M/s ONS Creations Private Limited Vs. ITO, it was held by ITAT Delhi that if additional evidence can not be produced before AO for a reasonable cause by assessee, the CIT (A) must admit the additional evidences and assessee must be given an afresh opportunity of being heard....

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Section 153C not applicable in absence of satisfaction recorded in the case of person searched that document belongs to the Assessee

Ms.Meena Rani Vs ACIT (ITAT Delhi)

In the case of Ms. Meena Rani Vs. ACIT, It was held by ITAT Delhi that If no satisfaction note has been recorded in the records of the searched persons but in the records of the assessee, assessment cannot be done U/s 153C ...

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