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Archive: January, 2022

Posts in January, 2022

Activities of ‘Ernet India’ are charitable & eligible for Section 11 exemption

January 30, 2022 963 Views 0 comment Print

DCIT Vs Ernet India (ITAT Delhi) The facts in brief are that assessee is an Autonomous Society under the Department of Information & Technology, Ministry of Communication & Information Technology, Government of India, which was established as a non-profitable organization. It was registered under Section 12A of the Act vide certificate / order dated 26.03.2004. […]

Transport of gold was with an intention to evade tax or not needs to be appreciated by Statutory authority: HC

January 30, 2022 1608 Views 0 comment Print

Kamalesh Sen Vs Assistant State Tax Officer (Kerala High Court) It is noticed from Ext.P8, that the respondent has given a reason for initiating proceedings under Section 130. The correctness or otherwise of the said reason is not a matter which can be considered by this Court under Article 226 of the Constitution of India, […]

Budget 2022 – Expectations of Gem & Jewellery Sector

January 30, 2022 8265 Views 0 comment Print

The Gems and Jewellery industry contributes to 7.5% to India’s Gross Domestic Product (GDP) and 14% to India’s total merchandise exports. The gem and jewellery sector is likely to employ 8.23 million persons by 2022, from 5 million in 2020. Based on its potential for growth, employment generation and value addition, the Government declared gems […]

Role of Adjudicating Authority under GST Act & Analytical Legal Positivism

January 30, 2022 6870 Views 6 comments Print

ow does an Adjudicating Authority perform his quasi-judicial functions? Rather the question should be How should an Adjudicating Authority perform his quasi-judicial functions? First he has to read the entire statute; then interprets the various provisions of the statute; records the findings of facts; then applies legal rules to them correctly and gives his decisions.  

Reimbursement of Expenses cannot be treated as Income despite deduction of TDS

January 30, 2022 34464 Views 0 comment Print

K.C. Marketing Vs ACIT (ITAT Chennai) Assessee has claimed various expenditure from its principal by way of reimbursement. The copies of relevant bills as well as credit notes issued by M/s Satnam Overseas Ltd. in favor of assessee has also been placed on page nos. 38 to 83 of paper-book. The statement of TDS deducted […]

No provision in law to tax income which Assessee could have earned but not earned

January 30, 2022 1911 Views 0 comment Print

Parinee Realty Pvt. Ltd. Vs ACIT (Bombay High Court) According to the JAO, survey report submitted by DDIT investigation indicate that interest should be charged at 12% per annum on loan given to sister concern totaling to Rs.4,17,04,380/- and therefore income chargeable to tax has been under assessed by the said amount. According to the […]

NO Section 154 rectification order can be passed after the expiry of 4 years from the date of order sought to be rectified

January 30, 2022 5178 Views 0 comment Print

P.S. Jagdish Vs DCIT (ITAT Chennai) We noted that the return of income filed by the assessee was processed by CPC, Bengaluru and intimation u/s.143(1) of the Act was issued on 05.03.2012 (which is not disputed by Revenue). Admittedly, the AO passed rectification order on 20.06.2016. The claim of the assessee is that the rectification […]

Amount given for purchasing share holding cannot be treated as Loan for Section 2(22)(e)

January 30, 2022 1290 Views 0 comment Print

ITO Vs GRA Enterprises (ITAT Delhi) Assessing Officer while framing the assessment notice observed that the assessee had received total unsecured laon expenditure of Rs. 22,21,29,723/-, during the year out of which an amount of Rs. 950,000,00/- was received from M/s Telecare Network India (P), a closely held company having its office at Zen House, […]

Section 54F deduction claimable to the extent of capital gain amount utilized till return filing under Section 139(4)

January 30, 2022 5700 Views 0 comment Print

Smt. Chander Kanta Maheshwari Vs ITO (ITAT Delhi) Deduction under section 54F of the Act can be claimed to the extent of amount of capital gain utilized till the filing of the return under Section 139(4) of the Act. As in the instant case, the ld. Commissioner allowed the deduction under Section 54 of the […]

ITAT rejects Fabrics business theory put by a practicing CA to explain Cash Deposits

January 30, 2022 1656 Views 0 comment Print

Ram Avtar Bansal Vs ITO (ITAT Delhi) The assessee was asked to explain the source of cash deposited in the aforementioned bank accounts. In his reply, the assessee accepted that the gross receipts of Rs. 60,02,800/- belong to him and simultaneously submitted a revised return on 18/1/2015. The gross receipts were shown as income from […]

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