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Archive: May, 2022

Posts in May, 2022

No bar under law to initiate fresh reassessment proceedings

May 23, 2022 948 Views 0 comment Print

Shivsamarth Group Vs PCIT (ITAT Pune) Admittedly, in the present case, the order which is sought to be revised is the order dropping the reassessment proceedings u/s 147 of the Act. On carefully going through the material on record, it would be clear that the original reassessment proceedings were initiated with view to tax the […]

ITAT on allowability of Payment to Formula one Car Driver

May 23, 2022 849 Views 0 comment Print

GSA Gestions Sportives Automobiles SA Vs DCIT (ITAT Delhi) The Income Tax Appellate Tribunal (ITAT), Delhi bench has held that penalty can’t be invoked under Income Tax Act without relevant documents which substantiate business activities. The appellant GSA (Gestions Sportives Automobiles) is a company engaged in providing services of qualified motor racing drivers to teams […]

Fixation of salary of MD’ is not within the domain of IBC: NCLAT

May 23, 2022 1449 Views 0 comment Print

Omega Laser Products B.V. Vs Anil Agrawal (NCLAT Delhi) It is seen from the record that the remuneration of the MD is a ‘disputed question of fact’. It is not within our domain under IBC to ‘decide the issue of the fixation of the salary of the MD’, but to ascertain if there is any […]

Section 54F exemption not allowable if no property purchased or constructed within stipulated period

May 23, 2022 2877 Views 0 comment Print

Asha Bhausaheb Thube Vs ITO (ITAT Pune) Section 54F of the Act requires assessee to purchase new residential house within a period of Two years after the date of Sale or construct within a period of Three years. In this case, it is a fact that assessee has neither purchased nor constructed a residential house […]

HC grants Anticipatory Bail to EX CEO of J.K. Shah classes who formed EDNOVATE classes

May 23, 2022 8577 Views 0 comment Print

Case of the prosecution is that the applicant is a Chartered Accountant and Company Secretary engaged in the profession of teaching students who aspire to become Chartered Accountant. The complainant is the Managing Director of a Coaching Institute for CA and CS titled as J.K. Shah Education Private Limited.

Section 80IB Deduction: DEPB excluded from export incentive will also be excluded from total turnover

May 23, 2022 1467 Views 0 comment Print

Polybond India Pvt. Ltd. Vs JCIT (ITAT Pune) It is seen that the assessee claimed deduction u/s 10B of the Act. In the computation of deduction, the assessee inter alia, excluded DEPB entitlement of Rs.48.28 lakhs from the `export turnover‟ which amount was also excluded from the amount of `total turnover’. The authorities below have […]

HC allows Refund of amount unlawfully collected along with interest on delayed refund

May 23, 2022 3822 Views 0 comment Print

Refund was allowable to assessee alongwith the interest on delayed refund as the officer arbitrarily and illegally withheld the amount of refund despite the order of the first appellate authority dated 30.06.2018 for refund.

Chance to reply by petitioner denied due to technical glitches on portal- HC Quashes Order

May 23, 2022 1041 Views 0 comment Print

Chandrasekaran Ragupati Vs CBDT (Madras High Court) It is the admitted case on the part of the Revenue that, on the last date i.e., on 11.06.2021, which was given to the petitioner to reply ie., upto which the web portal of the respondent was not functioning because of technical glitches. This has been admitted by […]

Revision of Health Insurance Regulatory Returns – reg

May 23, 2022 654 Views 0 comment Print

The frequency of the following returns is modified as under: i. HIR-19 return to be submitted annually instead of quarterly ii. HIR-14 to HIR – 17 returns to be submitted annually instead of Half-yearly c. GHIS return (HIR-20) on Information on Government Sponsored Health Insurance Schemes and GHISAR Return (HIR-21) stands dispensed with.

SEBI Circular on Development of Passive Funds

May 23, 2022 3555 Views 0 comment Print

Considering the emergence of passive funds i.e. Exchange Traded Funds (ETFs) and Index Funds as an investment product for retail investors globally and various advantages of passive investing like transparency, diversification, lower cost vis-à-vis active funds, a need was felt to review the regulatory framework for passive funds in India.

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