Notice by affixture to avoid expiration of time limit to serve notice is invalid

Heaven Distillery (P) Ltd. Vs. ITO (ITAT Mumbai)

The inaction or delay on the part of the assessing officer in issuing notice under section 143(2) of the Act cannot be a ground to straightway effect service by affixture....

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Petition under IBC 2016 cannot be withdrawn by mutual settlement: NCLT

Re. Parker Hannifin India Private Limited (NCLT Kolkata)

After admission of Petition under IBC 2016, the nature of petition changes to representative suit and the lis does not remain only between Operational Creditor and Operational Debtor. Therefore, Operational Creditor and Operational Debtor alone have no right to withdraw the Petition after admission....

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Posted Under: Income Tax | |

HUF income cannot be taxed in members hand after demise of Karta

Smt. P. G. Sunandamma Vs Income Tax Officer (ITAT Bangalore)

In P.G Sunandamma Vs. ITO, the ITAT, Bangalore, held that the transfer of excise license to a member of HUF on death of Karta cannot be reason to assess HUFs income in the hands of that individual member....

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AO cannot review assessment order already framed vide section 154 rectification

M/s City Clinic Pvt. Ltd. Vs. ACIT (ITAT Chandigarh)

Just 3 days to Join GST Online Certification Course by GST Professionals & TaxGuru.in – Batch II he issue raised by the AO in proceeding under section 154 of the Act is highly debatable and requires the issue to be reconsidered by the AO about applicability of provision of section 115JB of the Act which […]...

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ITAT cannot allow AO to cover up the deficiency in its case

Income Tax Officer Vs M/s. Aditya Narain Verma [HUF] (ITAT Delhi)

it is a very settled position that the power of ITAT in setting aside cannot be exercised so as to allow Assessing Officer to cover up the deficiency in its case....

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No predatory pricing by WhatsApp by not charging any subscription fee

Shri Vinod Kumar Gupta, Chartered Accountant Vs. WhatsApp Inc. (Competition Commission of India)

The Informant is stated to be a Chartered Accountant and has filed the present information on behalf of Fight for Transparency Society. As per the information, OP is a provider of consumer communication services via a mobile app called ‘WhatsApp’ which is a proprietary, cross-platform,, encrypted instant messaging services for smartph...

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CCI imposes penalty for anti-competitive conduct on Hyundai Motor

Fx Enterprise Solutions India Pvt. Ltd. Vs. Hyundai Motor India Limited (Competition Commission of India)

CCI issues order against Hyundai Motor India Limited (HMIL) for anti-competitive conduct, imposes penalty of Rs. 87 crore for the anti-competitive conduct....

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TDS credited can be claimed on Unrealised Rent / Bad Debts

Shri Rangji Realties Pvt. Vs ITO (ITAT Mumbai)

TDS credit is allowed on deduction of Income under u/s 80IA, 8oIB, 80IC of the act, etc and also TDS credit is allowed on bad debts claimed u/s 36(1 )(vii) of the Act. Accordingly I am of the view that that the Unrealized rent is duly offered to tax by the assessee at first instance, and then the same is claimed as deduction from Rental I...

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CIC directs CBDT to educate concerned officials about RTI Law

Mr. Radha Raman Tripathy Vs. CPIO (Central Information Commission)

Commissiono instructs CBDT to convene periodic conferences/ seminars to sensitise, familiarise and educate the concerned officials about the relevant provisions of the RTI Act, 2005 for effective discharge of its duties and responsibilities....

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NCLT can allow Compounding of offence despite advanced stage of prosecution

Teamasia Semiconductors (India) Ltd. & Ors., In re (National Company law Tribunal Hyderabad)

the issue to be decided in the present case is whether the National Company Law Tribunal is having power to allow the applicants to compound the offence in question, especially when prosecution was already initiated and the same is in advance stage....

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Posted Under: Income Tax |
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