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Archive: 03 April 2022

Posts in 03 April 2022

HC quashes Section 144B order passed without issuing Draft Assessment order with SCN

April 3, 2022 4251 Views 0 comment Print

Symphony Limited Vs ADIT/ACIT/DCIT (Gujarat High Court) It is by now well settled that the issuance of a show cause notice along with the draft assessment order is sine qua non before passing an order under Section 144B of the Act. Undisputedly, in the case on hand, no show cause notice came to be issued along […]

Pre-show cause notice consultation necessary even if same is preventive / related to an offence

April 3, 2022 2610 Views 0 comment Print

L and T Hydrocarbon Engineering Ltd Vs Union of India (Gujarat High Court) Gujarat High Court has held that- [a] The Revenue is not correct in its stance that in the case on hand, the pre-show cause notice consultation was not necessary as the impugned show cause notice is for preventive / related to an […]

Intellectual Capital – A Way Forward from Traditional Accounting

April 3, 2022 1236 Views 6 comments Print

INTRODUCTION This is an era of knowledge-based economy, where organizations mainly focus on its two vital sources for generating value and profit making for the company. Those are tangible and or intangible areas. In case of intangible resources, it is believed that stake holders prefer the importance of disclosing intellectual capital than the tangible capital […]

Passport Renewal cannot be rejected merely for Pendency of Criminal Cases

April 3, 2022 30762 Views 0 comment Print

Asutosh Amrit Patnaik Vs State of Orissa (Orissa High Court) As per notification No. GSR 570(E) dated 25.8.1993 issued by the competent authority to consider the pendency of criminal case in the granting of renewal of the passport in certain circumstance more particularly issuing a set of guidelines which read as follows: “(a) the passport to […]

Immunity under Income Declaration Scheme available only to declarant: SC

April 3, 2022 3084 Views 0 comment Print

DCIT Vs M. R. Shah Logistics Pvt. Ltd. (Supreme Court of India) Income Declaration Scheme (IDS), introduced by Chapter IX of the Finance Act, 2016. The objective of its provisions was to enable an assessee to declare her (or his) suppressed undisclosed income or properties acquired through such income. It is based on voluntary disclosure […]

How to link PAN with Aadhaar & What is Aadhaar PVC Card

April 3, 2022 1230 Views 0 comment Print

Q.1 How do I link PAN with Aadhaar? Ans. You can link your PAN with Aadhaar by following process: a) Open the Income Tax e-filing portal – https://incometaxindiaefiling.gov.in/ b) Register on it (if not already done). Your PAN (Permanent Account Number) will be your user id. c) Log in by entering the User ID, password and date […]

Section 80P(2)(a) deduction not eligible on Income from house property

April 3, 2022 1980 Views 0 comment Print

ITO Vs Hosdurg Service Cooperative Bank Limited (ITAT Cochin) The CIT(A) had held rental income received by the assessee was not entitled to deduction u/s 80P(2) of the I.T.Act. The relevant finding of the CIT(A) reads as follows:- “The appellant derived rental income amounting to Rs.24,400/- in A.Y. 2007-08, Rs.21,950/- in A.Y. 2008-09, Rs.16,700/- in […]

Performance Guarantee Commission cannot be reckoned as FTS

April 3, 2022 1047 Views 0 comment Print

Dynamic Drilling & Services Pvt. Ltd. Vs ACIT (ITAT Delhi) The only issue before us is, whether tax credit can be allowed to the assessee company on the income offered to tax in India on the tax deducted by the Singapore Company from the Performance Guarantee Commission during the year under assessment. The main reason […]

Cenvat credit not eligible on Canteen Services to Employees wef 01.04.2011

April 3, 2022 762 Views 0 comment Print

TIDC India Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) To claim Cenvat Credit primarily the service should be first covered under the definition of ‘input service’ and once the service is not covered due to exclusion clause irrespective of the fact whether the cost of service has been taken as expenditure in […]

ITAT set aside assessment order for not providing reason for reopening to Assessee

April 3, 2022 1440 Views 0 comment Print

Radhika Chopra Vs ITO (ITAT Delhi) From the record it is seen that the Assessing Officer has not recorded in the assessment order that the reasons for reopening were supplied to the assessee. Since the reasons for reopening goes to the root of the case and the assessee has legal right to make objection against […]

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