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Archive: March, 2022

Posts in March, 2022

Swiss Bank account – ITAT upheld Section 271(1)(b) penalty

March 16, 2022 3486 Views 0 comment Print

Jayanti Dalmia Vs DCIT (Delhi High Court) In this case ITAT has upheld the order of CIT with respect to non-compliance of notice issued under Section 142(1) of Income Tax Act, 1961 by the Appellant-assessee and the consequent imposition of penalty under Section 271(1)(b) of the Act. Briefly stated the relevant facts are that the […]

Penny Stock Transactions – No addition if no incriminating material found during search

March 16, 2022 4428 Views 0 comment Print

DCIT Vs Vipul Suresh Kumar Modi (ITAT Mumbai) ITAT held that no addition can be made for Transactions in Penny Stocks in respect of unabated assessments which have become final in absence of any incriminating material found during search. The brief facts of the case relevant to the issue before us are that the Assessee, […]

Payment for Flight Testing Services by HAL is not FTS

March 16, 2022 1269 Views 0 comment Print

Hindustan Aeronautics Ltd Vs ACIT (ITAT Bangalore) ITAT held that fees paid by the assessee (HAL) to CGTM France for Payment for Flight Testing Services which includes (i) Air intake Survey (ii) Engine bay, FACEC bay and oil cooling systems (iii) Engine Accessories and FADEC vibrations (iv) Measurement of gas concentration of fire extinguishing systems […]

Addition based on Oath made during Survey without Supporting Evidence is invalid

March 16, 2022 2610 Views 0 comment Print

In our opinion, the addition of such types which are made during the course of survey on oath cannot be made unless there is a supporting material. In our opinion, the addition on estimated basis cannot be justified for reasons, the AO has not rejected the books of account.

Wearing of hijab is not Essential Religious Practice in Islam: HC

March 16, 2022 6945 Views 0 comment Print

Hon’ble Karnataka High Court held that wearing of hijab by Muslim women does not form a part of essential religious practice in Islamic faith.

CBDT relaxes requirement of electronic filing of application in Form No. 3CF

March 16, 2022 4422 Views 0 comment Print

CBDT relaxes requirement of electronic filing of application in Form No. 3CF for seeking approval under section 35(1)(ii)/(iia)/(iii) of Income-tax Act, 1961 vide Income Tax Circular No. 5/2022 | Dated 16th March 2022. F. No. 225/54/2022/ITA-II Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi Income Tax Circular […]

CIT cannot exercise section 263 jurisdiction without satisfying the conditions

March 16, 2022 1965 Views 0 comment Print

Arman Advisory Pvt. Ltd. Vs PCIT (ITAT Kolkata) ITAT noted that the Ld. CIT(A) has made a bald statement that the AO’s assessment order attracts Explanation 2(c) u/s. 263 of the Act. However, he failed to spell out in his impugned order how the action of AO while framing the assessment order is not in […]

Section 80P deduction eligible on Interest on Security Deposit & commission for collection of MSEDCL bills

March 16, 2022 3231 Views 0 comment Print

Bhagyalaxmi Nagri Sahakari Patsanstha Meryadit Vs ITO (ITAT Pune) The first item is the commission income from MSEDCL amounting to Rs.60,363/-. The assessee has contended in its written submissions that similar issue came up for consideration before the Pune Tribunal in Banganga Nagri Sah. Patsanstha Ltd. (ITA No.873/PUN/2014) and the Tribunal, vide its order dated […]

Section 54/54F: Several Independent Units Can Constitute ‘A Residential House’?

March 16, 2022 9399 Views 0 comment Print

There is nothing in Section 54/54F which specify that the residential house should be constructed in a particular manner. Any person will construct his house according to his need and on the basis of future requirements.

New KPI formats under GST Act from 1st April 2022

March 16, 2022 3153 Views 0 comment Print

The old GST monthly KPI as prescribed in Internal Circular 33A of 2019 will be discontinued from March 22 and the new KPI formats as prescribed by this Internal Circular will be applicable from 1st April 2022, for reporting the periods March 2022 onwards on monthly basis.

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