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Archive: 15 April 2022

Posts in 15 April 2022

Arbitral Award cannot be Set Aside merely for Erroneous Application of Law or Misappreciation of Evidence: SC

April 15, 2022 4854 Views 0 comment Print

Haryana Urban Development Vs Mehta Construction Company (Supreme Court of India) Sub-section (2)(a) to Section 34 of the Act inserted with effect from 23rd October 2015 states that the arbitral award may be set aside by the court if the court finds the award is vitiated by patent illegality appearing on the face of the […]

Using Agricultural Produce for feeding Orphanage kids is Charitable Activity

April 15, 2022 420 Views 0 comment Print

Roman Catholic Diocese of Eluru Vs ACIT (Exemptions) (ITAT Visakhapatnam) Brief facts of the case are that the assessee is a Registered Society under the Societies Registration Act and is also registered u/s. 12A of the IT Act, 1961. The assessee is carrying out medical and educational activities and conducting pastoral activities in the name […]

ITAT condones delay of 41 Months- No supposition that everybody is custodian of law

April 15, 2022 1170 Views 0 comment Print

St. Francis De Sales Church Trust Vs ACIT (ITAT Mumbai) On a perusal of order of Ld.CIT (A) we find that the Ld.CIT (A) dismissed the appeal of the assessee, as un-admitted being not satisfied with the reasons adduced by the assessee for delay of 41 months in filing the appeal. The assessee explained that “It […]

Mere non cancellation of Registration under Companies Act not means continuing of business activity

April 15, 2022 540 Views 0 comment Print

Lehman Brothers Securities Pvt. Ltd. Vs Commissioner of Central Tax, Central Excise & Service Tax (CESTAT Mumbai) Merely because the appellant is still registered under the Companies Act and has not get the said registration cancelled does not mean that they are carrying out business activity. It is nowhere the case of the Revenue that […]

HC Allows GST dues payment In 48 Installments considering Financial Hardship of taxpayer

April 15, 2022 1659 Views 0 comment Print

Veteran Facility Management Services Pvt Ltd Vs Union of India (Gauhati High Court) In this case the petitioner firm express their willingness to pay the defaulted tax amount plus the interest and the penalty as may be assessed by the department but because of the precarious financial condition they are unable to pay it in […]

Architect Fee Paid related to Transfer of Development Rights Allowable

April 15, 2022 942 Views 0 comment Print

Standard Industries Limited Vs DCIT (ITAT Mumbai) Assessing Officer has disallowed the claim of expenditure incurred towards the architect fees of ₹33,67,200/- while computing capital gain on transfer of development right. The Assessing Officer was of the view that architect fees cannot be considered as incurred wholly and exclusively in connection with the transfer as […]

HC dismisses Tax Appeals against Taxpayer in view of Liquidation Proceedings

April 15, 2022 1185 Views 0 comment Print

PCIT Vs Moser Baer India Ltd. (Delhi High Court) A perusal of the aforesaid order of Apex Court in Civil Appeal No.4705/2014 makes it clear that the respondent company Moser Baer India Ltd. is not financially viable and is in liquidation before NCLT. The order also makes it clear that even if the Revenue were […]

SC stays HC’s order declaring assessment order non-est in view of repealment of Section 144B(9)

April 15, 2022 2490 Views 0 comment Print

National Faceless Assessment Centre Vs Mantra Industries Limited (Supreme Court of India) Mr. Balbir Singh, learned ASG, has vehemently submitted that, against the assessment order, the High Court ought not to have entertained the Writ Petition and ought to have relegated the original writ petitioner to avail statutory remedy of appeal before the CIT(A).   It […]

HC Refuses to Order Rs. 1 Crore Compensation for Covid-19 Deaths

April 15, 2022 579 Views 0 comment Print

DR Vidyottma Jha Vs Govt of NCT of Delhi & Anr. (Delhi High Court) In our view, it is not for this Court to direct payment of ex gratia compensation of Rs.1 Crore to all families whose members died due to Covid-19. The GNCTD has already formulated a uniform policy for the payment of ex […]

Reassessment Notice Issued with approval of JCIT instead of CIT is invalid

April 15, 2022 1953 Views 0 comment Print

Global Associates Vs DCIT (ITAT Bangalore) In the instant case, undisputed fact is that the assessee was not earlier assessed to tax for assessment year 2005-06 and hence no assessment order u/s 143(3) of the Act is available. In that situation, the provisions of section 151(2) of the Act is applicable to the facts of […]

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