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Archive: January, 2021

Posts in January, 2021

Section 12A: Cancellation of trust registration with retrospective effect is invalid

January 6, 2021 6534 Views 0 comment Print

Wholesale Cloth Merchant Association Vs PCIT (ITAT Jaipur) We are of the opinion that in the present case the ld. Pr. CIT(C) has found or made allegation or objection of diversion or mis appropriations of funds and not filling the Audit report and ITR, if any only in A.Y. 2014-15 to 2016-17 & not in […]

Law of Reopening of assessment under Section 147 of Income Tax Act 1961

January 6, 2021 6393 Views 0 comment Print

Kantibhai Dharamshibhai Narola Vs ACIT (Gujarat High Court) (i) The Court should be guided by the reasons recorded for the reassessment and not by the reasons or explanation given by the Assessing Officer at a later stage in respect of the notice of reassessment. To put it in other words, having regard to the entire […]

Reactivate DIN/DSC of directors of defaulting Companies: Delhi HC

January 6, 2021 2229 Views 0 comment Print

Explore the Delhi High Court’s decision in Anant Narain vs. Union of India, addressing the revival of DIN/DSC for directors under CFSS-2020. Learn about the scheme’s purpose, conditions, and implications for disqualified directors of struck-off companies.

Section 80P deduction eligible on Interest Income on Saving Bank Account

January 6, 2021 4308 Views 0 comment Print

Vanam Mahila Sangam Limited Vs ITO (ITAT Hyderabad) Only issue before the Tribunal is whether the interest income  earned  by  the assessee firm from the deposits in the Savings Bank is eligible for deduction u/s 80P(2) of the I.T. Act. The AO and the CIT (A) have relied upon the decision of the Hon’ble Supreme […]

Statement recorded during survey without any supporting evidence have no Evidentiary value

January 6, 2021 6174 Views 0 comment Print

DCIT Vs Shhlok Enterprise (ITAT Surat) The assessing officer made addition on the basis of statement recorded during the survey without any supporting evidence or any adverse material on record. The learned Commissioner (Appeals) also concluded that it is settled legal position that statement recorded during the survey has no evidence of value moreover the […]

Kerala GST Department issues Informer management Instructions

January 6, 2021 4266 Views 0 comment Print

1. All information that is received should be recorded in duplicate in information slips. There is no specific format for information slip; it can be recorded in a plain sheet of paper. 2. The information slip so recorded should contain the Left Thumb Impression (LTI) of the informer. The name, designation and signature of the department official before whom it was recorded should also be indicated in the information slip.

SEBI & Company Laws Amendments/News -December 2020

January 6, 2021 1845 Views 0 comment Print

CS Akansha Rathi Dear Professionals, Our December 2020 edition on the recent amendments/ news in the field of Corporate Laws and allied laws is below. SEBI’s newly proposed norms for listing on Innovators Growth Platform (IGP) may lead to boost in funding in startups from Institutional Investors. MCA has notified certain sections of the Companies […]

Plea for Implementation of Pre Legislative Consultation Policy

January 6, 2021 1125 Views 0 comment Print

A lot of new laws are being legislated by the Central Government/ State Government and new policy decisions are being taken by them, which affect & influence the common man. The Government pleads that the legislation is assented  by the elected members of the Parliament/ Legislative Assembly and there is no need & legal requirement […]

Empanelment for Special audit of Excise, Service Tax & GST Assessees

January 6, 2021 4029 Views 0 comment Print

Provisions of erstwhile section 14AA of the Central Excise Act, 1944, Section 72 of the Finance Act, 1994 and current Section 66 of the Central Goods and Service Tax Act, 2017 provides for conduct of special audit of registered persons under Central Excise, Service Tax and GST Laws by practicing-Chartered Accountants or Cost Accountants.

ITAT deletes addition on issue, not part of reasons for limited scrutiny

January 6, 2021 2520 Views 0 comment Print

Spooner Industries P Ltd Vs ITO (ITAT Delhi) Addition made by the ld. AO and confirmed by the ld. CIT (Appeals) under Section 68 of the Act deserves to be deleted for the reason that ( 1) it was not part of reasons for limited scrutiny, ( 2) no enquiries made by the Assessing Officer […]

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