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Archive: 31 October 2021

Posts in 31 October 2021

No Section 153A Assessment If no incriminating materials found during Search

October 31, 2021 2538 Views 0 comment Print

Smt. Smrutisudha Nayak Vs Union of India (Orissa High Court) Orissa High Court held that assessment proceedings cannot be initiated if no incriminating materials are seized at the time of the search. Smrutisudha Nayak (Petitioner”)filed the petition challenging the initiation of the assessment proceedings under Section 153A of the Income Tax Act, 1961 (IT Act). […]

ITAT restricts addition based on noting in diary to 10% of gross receipts

October 31, 2021 948 Views 0 comment Print

Smt. Bhavana Jain, Prop. M/s Akash Metal Vs ITO (ITAT Delhi) The assessee’s explanation with regard to interest in the loose sheet i.e. blue diary found during the course of search was that it was for the purpose of memory and the addition could not have been made solely on the basis of loose paper […]

Faceless Assessment Order passed without issuance of Draft Assessment Order quashed by HC

October 31, 2021 4833 Views 0 comment Print

Shreeji Investment & Advisory Services Vs National Faceless Assessment Centre (Bombay High Court) As regards draft assessment order, the impugned order does not state that any draft assessment order was given but in the affidavit in reply filed by one Sreekala S. Nair affirmed on 21st September 2021, it is stated that the show cause […]

No section 271(1)(c) penalty for Mere claim of wrong deduction

October 31, 2021 9942 Views 0 comment Print

PCIT Vs Sonu Realtors Private Limited (Bombay High Court) Wrong deduction claimed which resulted in reduction of Tax liability can’t amount to concealment of income Pr. Commissioner of Income Tax  (Appellant) filed the appeal being aggrieved against Order dated July 20, 2016 passed by Income Tax Appellate Tribunal (ITAT) in which the order of Appellant […]

Penalty not sustainable if AO dropped penalty in earlier AY on same set of facts

October 31, 2021 1134 Views 0 comment Print

Action Construction Equipment Ltd. Vs DCIT (ITAT Delhi) The Assessing Officer has not given any reason as to why he dropped the penalty in Assessment Year 2010-11 and sustained the imposition of penalty for Assessment Year (AY) 2009-­10 under the same set of facts. Moreover, in the impugned penalty order, the Assessing Officer has stated […]

Donation with specific direction on uses entitled for section 11 deduction

October 31, 2021 3201 Views 0 comment Print

Jeypore Evangelical Lutheran Church Vs ITO (ITAT Cuttack) From the narration given in the list of donations, it is observed that the amount of donation has been given for the specific purpose. The Assessing Officer has bifurcated three donations as specific purpose and left out other donations not being specific purpose without giving any reason. […]

Role of Working Capital Adjustments in Transfer Pricing

October 31, 2021 9711 Views 0 comment Print

Transfer pricing provisions was incorporated in the Income Tax Act in April 2001 and now it has travel the journey of almost two decades in India. If we give one line principal to the transfer pricing provisions then it is benchmarking of international transactions entered with associated enterprises with comparables transactions (internal or external comparables) […]

Grant Received by Subsidiary from its Holding – Revenue Receipt?

October 31, 2021 5319 Views 0 comment Print

Understanding the treatment of grants received by subsidiaries from their holding companies: Revenue Receipt or Capital Receipt? Find out the answer here.

Foreign Exchange Fluctuations – Is it Capital Loss/Gain?

October 31, 2021 5073 Views 0 comment Print

Understanding the tax implications of foreign exchange fluctuations in business. Exploring sections 4, 28(i), and 263 of the Income Tax Act, 1961.

Section 35(1)(ii): CBDT approves ‘Pimpri Chinchwad Education Trust’

October 31, 2021 1332 Views 0 comment Print

CBDT approves ‘Pimpri Chinchwad Education Trust’, Pune under the category ‘University, College or Other Institution’ for Scientific Research for section 35(1)(ii) of Income-tax Act, 1961 read with rules 5C and 5E of the Income-tax Rules, 1962. vide Notification No. 128/2021-Income Tax | Dated: 31st October, 2021. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF […]

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