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Archive: 02 May 2022

Posts in 02 May 2022

Highly unlikely that BHEL would be engaged in ITC fraud: HC

May 2, 2022 1455 Views 0 comment Print

Bharat Heavy Electricals Ltd. Vs PCIT (Delhi High Court) High Court is of the view that it is highly unlikely that the petitioner i.e. Bharat Heavy Electricals Ltd. (BHEL) would be engaged in input tax credit fraud as alleged by the Respondents. Accordingly, till further orders, no action shall be taken in pursuance to the impugned […]

Section 271(1)(c) Penalty not applicable for addition under 50C

May 2, 2022 4605 Views 0 comment Print

In this case AO has considered the full value consideration U/s 50C as against the actual sale consideration declared by the assessee. The increased of value by the AO in the full value consideration does not amount either concealment of particulars of income or furnishing inaccurate particulars of income.

No Deemed Registration under section 12AA: SC

May 2, 2022 5190 Views 0 comment Print

Harshit Foundation Sehmalpur Jalalpur Jaunpur Vs CIT Faizabad (Supreme Court) The only question which is posed for consideration before the High Court was whether on non-deciding the application for registration under Section 12AA (2) of the Income Tax Act, 1961 (‘the Act’) within a period of six months, there shall be deemed registration or not. […]

ITAT condones delay of 1535 days in Appeal filing

May 2, 2022 1011 Views 0 comment Print

Orbit Dealmark (P) Ltd. Vs ITO (ITAT Kolkata) The Registry has informed that this appeal is time barred by 1535 days. On going through the condonation application along with the affidavit, and after hearing both the parties, we find that this delay is accountable for three reasons. Firstly, Sri Naresh Kumar Chhaparia, Director of M/s […]

ITAT condones delay of 1217 days in appeal filing

May 2, 2022 849 Views 0 comment Print

Kal Airways Private Limited Vs DCIT (ITAT Chennai) The Registry has noted inordinate delay of 1217 days in the appeal. The condonation of the same has been sought by the assessee on the strength of affidavit of Shri K.Sundar for assessee company. It has been submitted that delay has occurred due to frequent covid surge […]

HC cannot stop Income Tax Demand recovery from directors Post Liquidation of Company

May 2, 2022 603 Views 0 comment Print

Raja Ram Dalmia Vs CIT (Calcutta High Court) HC held that Without going into these disputed facts that whether claim was lodged before the Official Liquidator, admitted position today which exists on the basis of report of the Official Liquidator is that even if the respondent Income Tax Authority wants to recover the demand from […]

AO not required to confine assessment only on issue for which assessment was reopened

May 2, 2022 507 Views 0 comment Print

M.R. Enterprises Vs ITO (ITAT Delhi) Admittedly, in the present case the assessment was reopened on the basis of cash deposited in the bank account and no addition has been made by the Assessing Officer regarding deposit of this amount. It is seen that the assessee has not raised this issue before the learned CIT(Appeals). […]

Delhi HC Quashes Section 148 reassessment Notices issued after 31.03.2021 as per old procedure

May 2, 2022 2196 Views 0 comment Print

Ramesh Arora (Earlier Known As Ramesh Kumar) Vs ITO (Delhi High Court) Learned counsel for the parties admit that as the impugned notices in the present matters have been issued post 31st March, 2021 without following the procedure prescribed in the substituted Sections 147 to 151 w.e.f. 01st April, 2021, the present matters are covered […]

Subscription received for Cloud Services is not a royalty income

May 2, 2022 3570 Views 0 comment Print

MOL Corporation Vs DCIT (International Taxation) Circle (ITAT Delhi) Bench is of considered view that the cloud base services do not involve any transfer of rights to the customers in any process. The grant of right to install and use the software included with the subscription does not include providing any copy of the said […]

Tools, dies, jigs used for Manufacturing eligible for Additional Depreciation

May 2, 2022 7947 Views 0 comment Print

Efacec Switchgear India P. Ltd. Vs ACIT (ITAT Delhi) Assessee submitted that since tools, dies, jigs etc. are used by the appellant for its business of manufacturing switchgear products, the same are plant & machinery. Without these equipments it is not possible for appellant to manufacture switchgear products. Hence, the same are in the nature of […]

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