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Archive: 14 May 2022

Posts in 14 May 2022

SC Quashes Prosecution under PMLA after considering Income Tax Dept & CBI report

May 14, 2022 1512 Views 0 comment Print

J. Sekar @ Sekar Reddy Vs Directorate of Enforcement (Supreme Court of India) It is most relevant to note that CBI after investigation in the main case in RC MA1 2016 A0040 submitted the closure report before the Additional Sessions Judge, CBI Court, Chennai in exercise of power under Section 173(2) Cr.P.C. The said report […]

Legal Expenses to Defend Criminal Charges against Directors Allowable

May 14, 2022 1290 Views 0 comment Print

Majestic Infracon Pvt. Ltd. Vs ACIT (ITAT Mumbai) ITAT held that expenses incurred even for defending the directors and their relatives in criminal litigations are admissible expenses provided that are incurred in order to protect the business interest of the assessee. The undisputed facts are that the directors of the assessee company and the other […]

HC quashes Reassessment order passed Without issuing Section 148 Notice

May 14, 2022 477 Views 0 comment Print

Govardhan Commodities Pvt. Ltd. Vs. ACIT/DCIT (Calcutta High Court) In this matter, petitioner has challenged the impugned assessment order dated 19th March, 2022 under Section 147 read with Section 144 of the Income Tax Act, 1961 relating to the assessment year 2014-15 being Annexure P-5 to the writ petition, on the ground that the same […]

ITC cannot be denied on Genuine Transactions with suppliers whose registration cancelled after transaction

May 14, 2022 21207 Views 0 comment Print

Petitioners could not be faulted if the suppliers appeared to be fake later on. Petitioners further submit that they have paid the amount of purchases in question as well as tax on the same not in cash and all transactions were through banks and petitioners are helpless if at some point of time after the transactions were over,

Issue of Section 148A notice mandatory before issuing any notice U/s. 148

May 14, 2022 876 Views 0 comment Print

Dinesh Agarwal Vs ACIT (Calcutta High Court) Considering these facts, HC was of the considered view that this case clearly falls under the amended Act relating to proceedings under section 147 of the Act under which issuance of notice under section 148A of the Act is mandatory before issuing any notice under section 148 of […]

HC imposes cost on Appellant for delay in communicating stay order to AO

May 14, 2022 201 Views 0 comment Print

Armstrong Pure Water Services Pvt. Ltd. Vs Union of India (Bombay High Court) Petitioner should have been proactive and promptly communicated the stay granted by this Court to the Assessing Officer so that he would have had enough time to make enquiries with his Advocate and also check on the website about orders passed. In […]

ITAT allows one more opportunity to appellant under liquidation to substantiate its case before CIT(A)

May 14, 2022 402 Views 0 comment Print

Integrated Finance Company Limited Vs ACIT (ITAT Chennai) The ld. Counsel for the assessee has submitted that the assessee company, being under liquidation, was under strenuous pressure of running behind the Hon’ble High Court and public depositors as well as bond holders for consolidation and recover the dues with lack of sufficient staff and thereby […]

Quantum appeal cannot be dismissed for Opting of VSVS against Penalty order

May 14, 2022 543 Views 0 comment Print

Poosabban Thangaraju Vs ITO (ITAT Chennai) On perusal of the Form 5 dated 25.03.2021 issued under VSVS by the Designated Authority for both the assessment years, we find that the Form 5 has been issued for full and final payment of ₹.6,250/- as taxes in terms of VSVS order under section 5(2) dated 05.02.2021 pertains […]

HC directs tribunal to consider chemical analysis report of ‘AT-PLAST’ while deciding VAT Rate

May 14, 2022 528 Views 0 comment Print

Unique Engineers Vs Commissioner Commercial Tax Lko (Allahabad High Court) Admittedly, the revisionist manufactured ‘AT-PLAST’ which are being used in mixing of ready mix concrete / concrete and it has been averred by the revisionist that the said product are being used along with concrete for reducing the uses of water, delay the time of […]

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