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Archive: 20 February 2022

Posts in 20 February 2022

Goodwill is an asset under Explanation 3(b) to Section 32(1)

February 20, 2022 1779 Views 0 comment Print

Kontoor Brands Pvt. Ltd. Vs ACIT (ITAT Bangalore) The issue on merit is regarding allowability of depreciation on intangible assets. On this aspect, the issue is covered by the Tribunal order rendered in the case of DCIT Vs. V.F. Arvind Brands Pvt. Ltd. (supra). Para nos. 12  of this Tribunal order are relevant in this […]

HC dismisses Reassessment Notice to Tata Sons Based on mere change of opinion

February 20, 2022 891 Views 0 comment Print

Tata Sons Limited Vs DCIT (Bombay High Court) Bombay High Court find substance in the submission of Mr.Pardiwalla that the case at hand is nothing but an instance of mere change of opinion. A bare perusal of the reasons indicates that the exercise was infuenced by a mere change of opinion. To start with, it […]

Deactivation of DIN of the Directors is not automatic: HC

February 20, 2022 4785 Views 0 comment Print

Satya Narayan Banik Vs Union of India (Calcutta High Court) This Court is of the view that the object and purposes of Section 164 and 167, as amended is to ensure probity and the highest standard of governance in Companies both public and private. A failure to file balance sheet and the annual returns for […]

Initial Assessment year for Section 80IA(5) means first year of claim of deduction

February 20, 2022 1848 Views 0 comment Print

CIT Vs Roots Multiclean Ltd. (Madras High Court) It is abundantly clear from sub-section (2) of Section 80IA that an assessee who is eligible to claim deduction u/s 801A has the option to choose the initial/ first year from which it may desire the claim of deduction for ten consecutive years, out of a slab […]

Refund of Service Tax collected twice by department cannot be rejected on limitation ground

February 20, 2022 1854 Views 0 comment Print

Suraj Forwarders & Shipping Agencies Vs Principal Commissioner of GST & CE (CESTAT Chennai) The facts narrated as above establishes that service tax has been paid twice by the appellant for the very same taxable value. Though the department agrees that the earlier payment made by challan dated 05.01.2015 on the service tax registration number […]

Cenvat Credit Refund cannot be denied on Transition to GST

February 20, 2022 6189 Views 0 comment Print

Bharat Heavy Electricals Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) In this case here is no allegation raised by the department that the appellant is not eligible to avail credit of the duties / taxes paid on the inputs / input services. To put it more clearly, the appellant would be eligible […]

No section 68 Addition if Assessee discharges his obligation & AO found no adverse material against assessee

February 20, 2022 882 Views 0 comment Print

ITO Vs Cozy Footwear Pvt. Ltd. (ITAT Delhi) Here in this case, the assessee company has received share application money from three parties. Two of them were Directors and one was a corporate entity M/s Omexpo Enterprises Pvt. Ltd. In so far as the share application money received from Directors, the AO has held the […]

Deemed rent for unsold flats cannot be treated as Income of Developer

February 20, 2022 2334 Views 0 comment Print

ITAT Pune rules in favor of Ankit Enterprises, citing the treatment of unsold flats as stock-in-trade. Deemed rent addition not applicable.

Mediation order not extends limitation for Section 9 Application under IBC Code

February 20, 2022 483 Views 0 comment Print

Ravi Iron Ltd. Vs Jia Lal Kishori Lal (NCLAT Delhi) When the Application under Section 9 of the IBC Code comes with date of default and no other reasons given in the Application or any details for extension of limitation, we see no ground to hold that Application was well within time. The submission of […]

Consideration received on sale of agricultural land cannot be taxed as income from other sources

February 20, 2022 7560 Views 0 comment Print

Prodyut Kumar Ghos Vs ITO (ITAT Kolkata) ITAT noted that assessee in his R.O.I (return of income) erroneously reflected the sale consideration that he received to the tune of Rs.26,96,250/- as agricultural income. On being confronted by the AO and when asked by the AO to produce evidence of agricultural income, the assessee realized the […]

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