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Archive: 16 June 2022

Posts in 16 June 2022

HC set aside Order passed before expiry of time granted by AO to reply to draft assessment

June 16, 2022 882 Views 0 comment Print

Bhadrish Jayantilal Sheth Vs ITO (Calcutta High Court) In this writ petition, petitioner has challenged the impugned assessment order dated 30th March, 2022 under Section 147 read with Section 144B of the Income Tax Act, 1961 relating to assessment year 2013-2014 on the ground of violation of principle of natural justice by not providing the […]

CIT(A) justified in admitting additional evidences if AO not given sufficient opportunity to Assessee

June 16, 2022 831 Views 0 comment Print

ACIT Vs Blind Peoples Association India (ITAT Ahmedabad)  The learned Counsel for the assessee has taken us through the relevant documents placed in the paper-book to point out that the proper and sufficient opportunity was not afforded by the Assessing Officer to the assessee during the course of assessment proceedings to furnish specifically the details […]

No suit can be continued against corporate debtor till conclusion of IBC 2016 proceedings

June 16, 2022 819 Views 0 comment Print

Shrenuj & Co Limited Vs ACIT (ITAT Mumbai)  We found as per the provisions of Sec. 14 of IBC-2016 till the conclusion of proceedings under IBC-2016 no suit or proceedings can be continued against the corporate debtor. Considering the facts and circumstances, we are of the opinion that there is no point in proceeding with […]

Agricultural income cannot be taxed based on mere statistical data

June 16, 2022 1149 Views 0 comment Print

Kuldeep Katiyar Vs ACIT (ITAT Delhi) Addition of Rs.13,07,933/-treating the agricultural income as income from other sources. ITAT find that the assessee produced certain evidences in support of his claim regarding earning of agricultural income. The AO without verifying the correctness of claim and rebutting the evidences based his finding on certain statistical data. No […]

Capital loss on revaluation of fixed Assets & deduction from Book Profit

June 16, 2022 3795 Views 1 comment Print

DCIT Vs Railtel Corporation Of India Ltd. (ITAT Delhi) On perusal of the audit report of the Assessee-company, we observe that the Independent Statutory Auditor has expressed ‘qualified’ opinion on the financial statement and one of the qualifications relates to claim of loss on revaluation of assets in question. The qualification of Auditor has the […]

LTCG on Paper Company Shares: ITAT Upheld Disallowance

June 16, 2022 606 Views 0 comment Print

Sanjeev Kumar Agarwal (HUF) Vs ITO (ITAT Delhi) It was noticed by the AO that as per computation of income submitted by the assessee, income from LTCG of Rs.22,76,598/-had been claimed out of the sale of shares of Eco Friendly Food Processing Park Ltd. The AO called upon the assessee to substantiate the claim and […]

IBC section 7 Application not fulfilling the threshold of Rs. 1 Crore is not sustainable

June 16, 2022 660 Views 0 comment Print

Prafulla Purushottamrao Gadge Vs Narayan Mangal (NCLAT Delhi) The submission raised by the Counsel for the Appellant that the Application which has been filed on 25.06.2021 under Section 7 has to fulfill the requirements of threshold as introduced by Notification dated 24.03.2020 has substance. The Adjudicating Authority has not adverted to the said issue and […]

HC direct AO to pass speaking order after considering submission of appellant

June 16, 2022 588 Views 0 comment Print

SL Lumax Ltd. Vs DCIT (Madras High Court) Without expressing any opinion on the merits of the case, HC is inclined to set aside the orders impugned herein as well as in the writ petition and are accordingly, set aside. Consequently, the matter is remanded to the assessing officer to decide the decision for reopening […]

Buyer Not Responsible For Non Payment of GST by Seller

June 16, 2022 230100 Views 0 comment Print

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,

Discussion Paper on Streamlining the Liquidation Process

June 16, 2022 888 Views 0 comment Print

IBC, 2016 does not envisage any mechanism for oversight and monitoring of liquidation process and liquidator by creditors, similar to that provisioned for CIRP through Committee of Creditors

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