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Archive: 17 June 2022

Posts in 17 June 2022

56(2)(viib) applies to company, issuing shares at premium, where public are not substantially interested

June 17, 2022 2982 Views 0 comment Print

Dy.CIT Vs Sembcorp Energy India Limited (ITAT Hyderabad) Applicability of section 56(2)(viib) is only in a case where the shares are issued at a premium by a company in which public are not substantially interested. Facts- During the course of assessment proceedings, it was craved before AO that price at which the shares were issued […]

Time limit u/s 11B doesn’t apply to refund of mistakenly paid tax

June 17, 2022 1221 Views 0 comment Print

Rattanindia Power Ltd. Vs Commissioner of Customs (CESTAT Delhi) Section 11B doesn’t apply to refunds pertains to an amount paid under mistake without any liability. Facts- That appellant is registered under service tax and are engaged in distribution of electricity during the period from July 2012 to June 2017. The appellant had paid service tax […]

Addition u/s 68 sustained for LTCG exemption from bogus co. share

June 17, 2022 747 Views 0 comment Print

Zeeshan Azizmohmed Shaikh Vs ITO (ITAT Mumbai) Both SEBI and BSE corroborated the fact that Kailash Auto Finance Ltd was not a genuine company – LTCG exemption u/s 10(38) denied – addition u/s 68 sustained Facts- The assessee is an individual and is engaged in the business of trading in paper. The assessee filed its […]

Trust being revocable trust, income to be taxed in beneficiaries

June 17, 2022 1845 Views 0 comment Print

Arcil CPS 002 XIII Trust Vs ITO (ITAT Mumbai) Assessee trust is a Revocable Trust and contribution by beneficiaries is a revocable transfer. Hence, the income shall be taxed in the hands of the beneficiaries. Facts- The assessee is an AOP in the nature of trust in the business of securitization of debts and processing […]

GST ITC Issue: Bail allowed on Deposit of 10 percent of Dispute Tax

June 17, 2022 2448 Views 0 comment Print

Hetram Vs DGGI (Gurugram Court) This is the application for hail filed by applicant-accused Hetram in criminal complaint under section 132(1)(h) & (c) of GST Act, 2017 (hereinafter called the Act). 2. It is submitted by learned counsel for applicant that the applicant is Director of M/s Rajnandini Metal Ltd. thereinafter referred as M/s Rajnandini) […]

Belated employee’s cont. to PF/ ESI made before return due date, disallowance unjustified

June 17, 2022 1131 Views 0 comment Print

J & K Tourism Development Corporation Ltd. Vs ACIT (ITAT Amritsar) No disallowance can be made that the payment to the employee’s contribution to PF and ESI paid by the assessee before the due date of filing of return of income u/s. 139(1). Accordingly, we hold that no disallowance can be made in the assessment […]

SEBI: Govt designates Special Courts at Leh & Kargil

June 17, 2022 402 Views 0 comment Print

Notification designating courts of Sessions Judge, Leh and Kargil as Special Courts under relevant Acts MINISTRY OF FINANCE (Department of Economic Affairs) NOTIFICATION New Delhi, the 17th June, 2022 S.O. 2809(E).—In exercise of the powers conferred by section 26A of the Securities and Exchange Board of India, 1992(15 of 1992), section 26A of the Securities […]

Addition untenable as no incriminating material found during search

June 17, 2022 282 Views 0 comment Print

Paramount Probuild Pvt. Ltd. Vs DCIT (ITAT Delhi) Held that when there is no incriminating material was unearthed during the course of search in respect of an issue, then no addition in respect of such an issue can be made in the assessment u/s 153A & 153C of the Act. Facts- The assessee Company is […]

Safe Harbour rules for AY 2022-2023 – Income tax Act, 1961

June 17, 2022 13653 Views 0 comment Print

Safe Harbour rules for AY 2022 2023 | Income tax Act, 1961 | Notification No. 66/2022-Income-Tax | Dated: 17th June, 2022 |  CBDT amends Rule 10TD of Income Tax Rules, 1962 and extended applicability of safe Harbour Rule 10TD(1) and Rule 10TD(2A) to AY 2022-23. The notification is effective dated 1 April 2022. MINISTRY OF […]

State Assisted Reproductive Technology and Surrogacy Board (Appointment of Expert Members) Rules, 2022

June 17, 2022 1014 Views 0 comment Print

These rules may be called the State Assisted Reproductive Technology and Surrogacy Board (Appointment of Expert Members) Rules, 2022.

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