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Archive: 07 February 2022

Posts in 07 February 2022

Section 40A(3) disallowance cannot be made by invoking Section 154 provisions

February 7, 2022 2259 Views 0 comment Print

Smt. Poonam Mittal Vs ITO (ITAT Amritsar) We find that the AO had invoked his powers u/s.154 of the Act for disallowing u/s.40A(3) of the Act the assessee’s claim for deduction of bonus of Rs.2,47,380/- that was stated to have been paid in cash, i.e., in excess of the prescribed limit of Rs.20,000/-. In our […]

Revaluation of Land by firm after conversion of inventory into fixed asset – colourable device?

February 7, 2022 1827 Views 0 comment Print

PCIT Vs Orchid Griha Nirman Pvt. Ltd. (Calcutta High Court) Tribunal agreed with CIT(A) that after conversion of inventory into fixed asset the firm revalued the developed land including construction thereon in order to bring it in line with the current market value to justify the business assistance secured by the firm from the banks […]

Assessment proceedings commence with filing of return & not when notice is issued for first time under s. 143(2)

February 7, 2022 2445 Views 0 comment Print

Sansthan Shree Eknath Maharaj Vishwastha Mandal Vs ITO (Exemption) (ITAT Pune) There is no dispute on the fact that the assessee filed its return of income on 17.01.2017 for the year under consideration. The approval was granted by the ld. CIT(E) u/s 12AA on 16.05.2017. At this stage, it is relevant to take note of […]

Failure to issue section 143(2) notice prior to finalising reassessment order makes reassessment proceedings a nullity

February 7, 2022 7215 Views 0 comment Print

ACIT Vs P & R Infraprojects Ltd. (ITAT Delhi) A perusal of the assessment order as well as the order of the CIT(A) shows that no notice u/s 143(2) was ever issued to the assessee before completing the assessment u/s 143(3)/147. It is the submission of the ld. Counsel that it is mandatory to issue […]

Liquidator entitled to reduce reserve price up to 25% whenever auction fails

February 7, 2022 5820 Views 0 comment Print

Ekambareswara Rao Manne Vs Mr. Gonugunta Madhusudhan Rao (NCLT Hyderabad) It may be stated that in terms of Clause 4 Schedule-I of IBBI Liquidation Process Regulations, 2016, the Liquidator is entitled to reduce the reserve price up to 25% whenever the auction fails. The record placed before us viz. minutes of the Stakeholders Consultation Committee […]

HC denies pre-arrest bail to person accused of carrying coals without GST

February 7, 2022 732 Views 0 comment Print

Considering the fact that cases of coal theft and carrying coals without GST, etc have become so common that unless such offences are thoroughly investigated, it will cause huge loss to the State exchequer. To unearth the fact of the case and to see the nature of involvement of the petitioner, custodial interrogation is necessary.

Must Known Facts of Form INC-20A “Declaration for Commencement of Business”

February 7, 2022 160692 Views 1 comment Print

In this article we discussed about the ‘Declaration for commencement of business Form INC-20A’ MCA has come with New Section 10A inserted after Section 10 by  Companies (Amendment) Ordinance, 2018  dated 02.11.2018 and same has been inserted in Rule 23A of the Companies (Incorporation) Rules, 2014. According to this ordinance every Company incorporated on or […]

Key Direct Tax proposals in Union Budget 2022

February 7, 2022 2607 Views 0 comment Print

1. Reduced Alternate Minimum Tax rate and Surcharge on  Co-operatives Alternate Minimum Tax rate for the co-operative societies proposed to be reduced to 15% to bring it at par with the Minimum Alternate Tax payment by companies. Further, surcharge on co-operative societies proposed to be reduced from the present 12% to 7% 2. Rationalisation of […]

Section-281B provides for attachment of property of assessee only and of no one-else

February 7, 2022 13416 Views 0 comment Print

Raghunandan Enterprise Vs ACIT (Gujarat High Court) The plain reading of Section-281B of the Act would make it clear that the same provides for the provisional attachment of the property belonging to the assessee for a period of six months from the date of such attachment unless extended, but excluding the period of stay of […]

Analysis of GST amendments proposed in Finance Bill, 2022

February 7, 2022 5316 Views 0 comment Print

Omission of proviso (b) & (c) in sub-section (4) of Section 29: This amendment proposes that if the person registered as composite dealer fails to furnish GSTR-4 beyond 3 months from the due date, the proper officer may proceed suo-motu for cancellation of registration. This has been done to make co-ordination between law and its compliance as GSTR-4 is being filed annually, at present.

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