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Archive: 26 March 2021

Posts in 26 March 2021

Can HC quash Section 241A order withholding refund pending completion of scrutiny assessment

March 26, 2021 1602 Views 0 comment Print

Whether order u/s 241A withholding refund pending completion of scrutiny assessment can be quashed by writ court under article 226 of the Constitution of India?

Section 69 addition cannot be made solely on the basis of phraseology of submissions

March 26, 2021 2433 Views 0 comment Print

DCIT Vs M/s. Rabo India Finance Ltd. (ITAT Mumbai) In the present case, the reason for invoking provisions of section 69 of the Act germinates from the contents of letters dated 27/07/2011 and 06/09/2011 written by one of the employee indicating that the assessee has extended loan of GBP 37.50 million as per part of […]

SC allows Tata Sons Appeal against NCLAT order reinstating Cyrus Mistry as Chairperson

March 26, 2021 4014 Views 0 comment Print

Tata Consultancy Services Limited Vs Cyrus Investments Pvt. Ltd. (Supreme Court of India) Supreme Court framed the following questions of law : (i) Whether the formation of opinion by the Appellate Tribunal that the company’s affairs have been or are being conducted in a manner prejudicial and oppressive to some members and that the facts otherwise justify the winding up of […]

Addition for unexplained share capital & premium without providing third party statement & cross examination unsustainable

March 26, 2021 1068 Views 0 comment Print

Sahakar Global Ltd. Vs DCIT (ITAT Mumbai) Issue-  Addition of Rs. 3,50,00,000/- as unexplained cash credit u/s. 68 in respect of amount received during the year as share capital and premium from M/s. Vanguard Jewels Ltd, Ansh Merchandise Pvt Ltd., Alka Diamond Industries Ltd & Talent Infoway Pvt Ltd. Held: Additions have primarily been made […]

No Penalty for mere change in nature of Loss from Business to Speculative

March 26, 2021 870 Views 0 comment Print

Af-taab Investment Company Ltd. Vs ACIT (ITAT Mumbai) In this case the assessee had a bonafide belief that the loss suffered by it is business loss. The change of nature of loss from business loss to speculative loss was not enough to impose penalty on the assessee. Therefore, we are inclined to delete the penalty […]

States/UTs to take measures to regulate crowds during upcoming festivals

March 26, 2021 246 Views 0 comment Print

In view of the upcoming festivals such as Holi, Shab-e-Barat, harvesting festivals, Easter, Eid-ul-Fitr, , State Governments/UT Administrations should take necessary measures to regulate crowds during these festivals by ensuring strict observance of COVID appropriate behaviour, such as wearing of mask and maintaining social distancing, as mandated in aforesaid guidelines and in the National Directives for COVID-19 Management. In this regard, a D.O. letter has also been issued by Ministry of Health and Family Welfare (MoHFW) on 24.03.2021 (copy enclosed).

Summary of CAG Audit Report on Assessment of Co-op Societies & Banks

March 26, 2021 1470 Views 0 comment Print

Performance Audit Report No. 16 of The Comptroller & Auditor General of India on ‘Assessment of Co-operative Societies and Co-operative Banks’ was laid on the floor of the Parliament here today. The PA was carried out from March 2019 to September 2019 and findings were discussed with the Central Board of Direct Taxes (CBDT) in July 2020.

CAG report on Compliance Audit (Department of Revenue- Customs)

March 26, 2021 1212 Views 0 comment Print

The Compliance Audit Report No. 17 of 2020 of the Comptroller and Auditor General of India on Department of Revenue – Customs and Director General of Foreign Trade under Ministry of Commerce and Industry, for the year ended 31 March 2019 was presented in Parliament here today.

CAG reports deficiencies in GST Refund, Returns & E-Way Bill module

March 26, 2021 1011 Views 0 comment Print

Absence of adequate controls, risk of claiming refund on unverified ITC and deficiencies in integration of GST Portal with the Indian Customs EDI Systems (ICES) application for IGST refund on export of goods resulted in following deficiencies in Refund module:

CAG finds 192 cr of unauthorised payment of idle salary etc in J&K

March 26, 2021 579 Views 0 comment Print

Part-I comprising of Chapters-1 and 2, covers audit findings of eight Government departments and contains nine paragraphs involving Rs. 192.47 crore relating to Management of Bank accounts, unfruitful expenditure, unauthorised payment of idle salary etc.

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