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Archive: 28 February 2022

Posts in 28 February 2022

Synopsis of RERA

February 28, 2022 4902 Views 1 comment Print

India is a developing country, urbanization and industrialization play a vital role in the development of a country. India has witnessed rapid urbanization in the last decade. Urbanization in India has become an important and irreversible process in India. It has a great impact on the growth of national income. Both are directly proportional to each other as urbanization increases employment and poverty reduction. 

SEBI not competent to take action against CA for lack of Due Diligence

February 28, 2022 1932 Views 0 comment Print

Mani Oommen Vs SEBI (Securities Appellate Tribunal) SAT held that once the appellant is not found responsible for the preparation of the financials of the company merely because he was not cautious or did not carry out due diligence properly will not suggest that the appellant colluded with the promoters and the directors of the […]

Different price provided to Services Providers not amounts to commission or brokerage

February 28, 2022 669 Views 0 comment Print

ITO Vs Thyrocare Technologies Ltd. (ITAT Mumbai) The assessee is providing pathological testing services through its diagnostic laboratories. The assessee has made arrangement with various sample collection centres referred to as Thyrocare Services Providers (TSPs) for collection of samples and forwarding the same for testing to the assessee. It is an admitted fact that the […]

Income from letting out of Land independently forming part of Business Assets taxable as business income

February 28, 2022 1266 Views 0 comment Print

Trimurti Films Pvt. Ltd. Vs ACIT (ITAT Mumbai) In the given case, the assessee was using the bungalow and land together for the film production as part of business assets. Since the film production is stopped, it has separated the bungalow and vacant land. It uses the bungalow for storage for its own purpose and […]

NCLAT set aside order of IBC adjudicating authorities imposing penalty under Companies Act, 2013

February 28, 2022 855 Views 0 comment Print

Ashish Chaturvedi Vs Inox Leisure Limited  (NCLAT Delhi) With regard to the argument of the Learned Counsel of the Appellants that the Adjudicating Authority has imposed the penalty on the two ex-directors by invoking provisions of the Companies Act, 2013, and thus passed the Impugned Order by travelling beyond their jurisdiction, we are of the […]

Reopening notice invalid in absence of any tangible material to establish escapement of income for assessment

February 28, 2022 1104 Views 0 comment Print

ACIT Vs Ravi Parkash Aggarwal (ITAT Delhi) Primarily, we find that the reasons recorded by the assessee are too sketchy and does not instill any confidence with regard to the reasons recorded for reopening. It is not even clear whether the assessee has received entries pertaining to loans or purchases. The details of the report […]

Section 154 rectification application should be disposed off within statutory limitation

February 28, 2022 2472 Views 0 comment Print

Nortel Networks India International INC. Vs Assistant Director of Income Tax CPC (Delhi High Court) 1. By way of the present writ petition, Petitioner seeks directions to the Respondent No. 2 to dispose of within four weeks, Petitioner’s Rectification Application dated 14th May, 2020 granting the consequential TDS credit of Rs.5,51,15,908 due to the petitioner […]

AO must strictly follow time limit of 6 months to decide on Section 154 rectification application

February 28, 2022 2643 Views 0 comment Print

Nokia India Private Limited Vs ACIT (Delhi High Court) Court finds that CBDT instruction No. 2/2013 [F. No. 225/76/2013/ITA.II] dated 5th July, 2013 and Letter [F. No.225/148/2015-ITA-II], dated 5th July, 2015 stipulates that the Assessing Officers must strictly follow the time limit of six months provided under Section 154(8) of the Act in disposing of […]

TDS credit not given despite appearing in Form 26AS- HC directs DCIT to dispose rectification application

February 28, 2022 3321 Views 0 comment Print

Cheil India Private Limited Vs DCIT (Delhi High Court) Learned Counsel for the Petitioner states that while filing the return of income, the Petitioner had claimed credit of TDS amounting to INR 32,14,36,286/-, whereas while processing the return, the CPC granted credit of only INR 1,83,37,658/-. He points out that the TDS was duly supported […]

Export Certificate for Passengers departing India for high value items

February 28, 2022 48312 Views 1 comment Print

Passengers leaving India can take Export Certificate for high value items including jewellery from Customs. No duty is charged when the said items are brought back on return. Please see below for more details. Office of the Commissioner of Customs Customs Commissionerate, Hyderabad Export Certificate  > Passengers departing India can avail the facility of obtaining […]

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