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Archive: 28 January 2021

Posts in 28 January 2021

HC orders release of Trucks seized from office premises of writ applicant

January 28, 2021 864 Views 0 comment Print

Surya Roadways Vs Senior Intelligence Officers (SIO) (Gujarat High Court) The short point for the consideration of this Court is whether the two trucks could have been seized under Section 129 of the Act, 2017, more particularly when both the trucks were not in transit carrying any goods. Indisputably both the trucks were seized from […]

Tax on Interest on Delayed Compensation for Compulsory Land Acquisition

January 28, 2021 10209 Views 0 comment Print

ACIT Vs SV Global Mill Ltd. (ITAT Chennai) We find that the Tribunal in the context of Section 10(37) of IT Act, held that interest received for delayed payment of enhanced compensation in respect of acquisition of immovable property is in the nature of interest liable to be taxed u/s.56(2)(viii) r.w.s. 145A(b) of IT Act. […]

Loan cannot be treated as bogus without considering documents submitted by Assessee

January 28, 2021 1296 Views 0 comment Print

It was found that assessee confirmed loan transactions and confirmation was on record. Revenue nowhere considered said documents and rejected claim of assessee without any basis. Rejection of claim of assessee without any basis was not justified. Issue was restored back to AO to decide it afresh after giving an opportunity of being heard to assessee.

Allowability of Interest Expense against Income from Partnership Firm

January 28, 2021 18384 Views 0 comment Print

Shri. Suresh Sreeram Vs ITO (ITAT Bangalore) It is an undisputed fact that in AY 2016-17 the partnership firm incurred heavy losses from its business and was not in a position to pay any interest on capital for the investment. Due to the poor financial condition of the partnership firm, the partners of the firm […]

Section 50C- Value on Sale Agreement date to be adopted & not the value on date of Sale Deed

January 28, 2021 5574 Views 0 comment Print

Prakash Chand Bethala Vs DCIT (ITAT Bangalore) Section 50C provides that where the consideration received or accruing as a result of transfer by an assessee of a capital asset being rent or building or both is less than the value adopted or assessed by any authority for the purpose of payment of stamp duty in […]

LTCG Calculation- Date of Sale Agreement Vs. Sale Deed

January 28, 2021 13911 Views 0 comment Print

Prakash Chand Bethala Vs DCIT (ITAT Bangalore) In the present case, the AO applied the provisions of section 50C of the Act on the basis of Sale Deed executed by the assessee on 9.3.2007. At this stage, it is appropriate to observe that there was an Agreement of Sale executed by assessee on 8.3.1993 and […]

Medical Insurance Premium for Family Members of Employees allowable

January 28, 2021 990 Views 0 comment Print

Loesche India Pvt. Ltd Vs ACIT (ITAT Delhi) The record reveals that the assessee had paid the insurance premiums of the employees’ family members in terms of employment Rules framed by the assessee-company there for. Therefore, it can hardly be said that the impugned expenditure were not incurred wholly and exclusively for the purpose of […]

Absence of interest income on capital from firm is no bar to claim interest paid on borrowings for contributing capital to firm

January 28, 2021 2754 Views 0 comment Print

Absence of earning any interest income on capital from the firm is no bar to claim the interest paid on borrowings for the purpose of contributing capital to the firm by the assessee as deductible expenditure.

Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021

January 28, 2021 29244 Views 1 comment Print

Amendment in the Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021 by the Ministry of Corporate Affair vide Notification dated 22.01.2021 as follows: Rule 4. CSR Implementation Registration of CSR Entity: Every entity which intends to undertake any CSR activity, shall register itself with the Central Government by filing the form CSR – 1 electronically […]

Anticipatory Bail refused to person allegedly involved in Custom Duty evasion

January 28, 2021 1359 Views 0 comment Print

DRI Vs Vishesh Jain (Patiala House Court) There are specific allegations against the applicant/accused that he is involved in duty evasion of about Rs. 13.0 crores by under valuing the imported white paper. The case of duty evasion on account of under valuation needs a very deep and thorough probe as it is spread across […]

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