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Archive: 20 February 2022

Posts in 20 February 2022

SEBI IPO disclosure norms for loss making companies

February 20, 2022 4734 Views 0 comment Print

SEBI proposes new disclosures for loss making companies intending to issue an IPO. Learn about the transparency measures and investor protection initiatives.

AO not justified in re-characterising the transaction of issue of debentures/CCDs as that of equity shares

February 20, 2022 1854 Views 0 comment Print

City Corporation Limited Vs DCIT (ITAT Pune) With regard to first issue pertaining to TP adjustment in respect of interest payment on debentures, the TPO has discussed this issue from Para 6 onwards and has given his findings at Para 16 of his order. During transfer pricing proceedings, the TPO while going through the assessee’s […]

Case not presented properly by Assessee due to Old age before AO & CIT(A): ITAT allows one more Opportunity

February 20, 2022 642 Views 0 comment Print

Dr. Mumtaz Ali Khan Afzal Vs Income Tax Officer (ITAT Hyderabad) From the facts of the case it appears that the assessee did not properly co-operate before the Ld. AO. However, considering the explanation rendered by the Ld. AR regarding the hardship faced by the assessee and since the assessee is a senior citizen, we […]

ITAT confirms addition of Income offered for Taxation during Survey by Assessee which was not retracted

February 20, 2022 954 Views 0 comment Print

Explore the ITAT Indore’s order on unexplained investment and undisclosed expenditure. Assess the impact of legal nuances on tax implications.

Sessions or Additional Sessions Judge cannot try offences under IBC

February 20, 2022 1548 Views 0 comment Print

Satyanarayan Bankatlal Malu Vs IBBI (Bombay High Court) It can be noticed that under Section 435 of the Companies Act, Special Court, comprising of Sessions Judge or Additional Sessions Judge, was in place since 2013 and it retained its jurisdiction to try the offences under the Companies Act. Amendment of 2017, for the first time brought […]

Service tax cannot be demanded on amounts incurred by HO towards salaries of Branch employees

February 20, 2022 2256 Views 0 comment Print

Cades Digitech Pvt Ltd Vs Commissioner of Central Tax (CESTAT Bangalore) We find that the amounts incurred by the head office (HO) towards the salaries etc. of the employees working in their branches can by no stretch of imagination be equated to any service rendered to them by the respective branches. We find that in […]

ITAT deletes Addition towards ESI and PF paid before Income Tax Return due date

February 20, 2022 1698 Views 0 comment Print

Murlidhar Hassani Vs DCIT (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Further, the ld D/R has referred to the explanation […]

Section 80P(2)(d) deduction not eligible on interest earned on Investments made in any Bank

February 20, 2022 41565 Views 0 comment Print

To the extent of the interest earned from investments made by it with any co-operative society, a co-operative society is entitled to deduction of the whole of such income under section 80P(2)(d) of the Act. However, interest earned from investments made in any bank, not being a co-operative society, is not deductible under section 80P(2)(d) of the Act.

Payment for use of overall ICT Infrastructure is Royalty under India – Netherlands DTAA

February 20, 2022 1335 Views 0 comment Print

Vanderlande Industries Private Limited Vs ACIT (ITAT Pune) A cursory glance at the definition of the term `Royalties’ makes it patent that the hitherto content of para 4 of Article 12 comprising of copyright royalty cases only became subject matter of sub-para (a) of the amended para 4 of Article 12. In addition, para 4(b) […]

RVAT: Penalty justified for concealing transactions of sale & purchase to avoid payment of Tax

February 20, 2022 1380 Views 0 comment Print

Assistant Commissioner Vs C.P. Agro Industries (Rajasthan High Court) The Tax Board has neither recorded any cogent finding on merits of the case before setting aside the penalty nor it has considered the provisions of section 61 of the RVAT Act, 2003, more particularly, when the fact was proved before all the Authorities that Forms-C […]

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