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Archive: 21 June 2022

Posts in 21 June 2022

Addition to income of trust merely for delayed filing of Audit report electronically not justified

June 21, 2022 2442 Views 0 comment Print

DSOB Class of 64 Charitable Trust Vs DCIT (ITAT Delhi) Learned counsel submitted that the addition was made on account of non-furnishing of the audit report in form 10B through electronic mode. Learned counsel submitted that the learned CIT(Appeals) has noted the fact that return of income was filed on 31.08.2018 and the audit report […]

Reopening beyond 4 years is bad in law if all primary facts disclosed during original assessment proceedings

June 21, 2022 2277 Views 0 comment Print

Harsh Kaushal Corporation Vs ITO (Bombay High Court) In the present case, it is evident from the reasons recorded for reopening that the petitioner had truly and fully disclosed all material facts necessary for the purpose of assessment. In fact, in the reasons for reopening, there is not even a whisper as to what was […]

NFRA imposes Penalty and Sanctions on a CA for professional misconduct

June 21, 2022 9399 Views 0 comment Print

Considering the fact that professional misconduct has been proved, NFRA imposes monetary penalty of Rs 100,000 upon CA Gulshan Jagdish Jham.

Delay in Appeal filing cannot be condoned for Lack of communication with Tax Advisors

June 21, 2022 585 Views 0 comment Print

Further, there is lack of communication between the tax advisors and the Board of Directors due to which the appeal could not be filed before this Tribunal within stipulated time. He stated that this appeal was filed with a delay of 423 days when a call received from the office of Tax Recovery Officer regarding tax arrears and made enquiries with tax counsel, came to know that the appeal against the order of CIT(A) is required to be filed.

HC directs blocking of website www.Hindustantimes.Tech

June 21, 2022 333 Views 0 comment Print

HT Media Limited & Anr. Vs www.Hindustantimes.Tech & Anr. (Delhi High Court) HC directs blocking of website www.Hindustantimes.Tech is restrained from using the domain name hindustantimes.tech or any other mark, name or domain name, which consists of the word ‘Hindustan Times’ or is deceptively similar to the mark of the HT Media Limited. www.Hindustantimes.Tech is also […]

Constitutionality of First Proviso to Section 148 – Rajasthan HC Issues Notice To Govt

June 21, 2022 1131 Views 0 comment Print

Maya Rathi Vs ITO (Rajasthan High Court) We find that the validity of first proviso to Section 148 of Income Tax Act, 1961 has been assailed on the ground that the explanation ‘income chargeable to tax has escaped assessment’, has been restricted in its meaning under the explanation-1 to that provisions. Learned counsel for the […]

HC allows payment of Pre-Deposit of 75% of Awarded Amount under Section 19 of MSMED Act in Instalments

June 21, 2022 2775 Views 0 comment Print

Yamuna Cables Accessories Pvt. Ltd. Vs Desai Enterprise (Gujarat High Court) Learned advocate Mr. S. P. Majmudar appeared for the petitioner and learned senior advocate Mr. B. S. Patel with learned advocate Mr. Umang Oza appeared for the respondents. 2. By way of the present petition, the petitioner has invoked the jurisdiction of this Court […]

Expenses to discharge mortgage debt created by previous owner allowable as cost of acquisition

June 21, 2022 741 Views 0 comment Print

Balram Shitaldas Ahuja Vs ITO (ITAT Pune) The assessee’s sole substantive grievance contested during the course of hearing challenges correctness of both the lower authorities action disallowing its mortgage expenditure of Rs.55 lakhs as cost of acquisition with the corresponding indexation. Distinction between the mortgage created by the previous owner which is discharged by the […]

Assessment order based on invalid Section 143(2) notice is equally Invalid

June 21, 2022 729 Views 0 comment Print

Uttam Enterprises Pvt. Ltd. Vs ACIT (ITAT Delhi) Assessee had filed its return of income under Section 139(1) on 13.09.2013. Thus, as per proviso to Section 143(2) of the Act, as it existed prior to its amendment by Finance Act, 2016 w.e.f. 01.06.2016, no notice under Section 143(2) of the Act shall be served on […]

TPO cannot disallow aggregation of negative values which was allowed in original order by TPO

June 21, 2022 432 Views 0 comment Print

ACIT Vs GP Global Energy Pvt. Ltd. (ITAT Delhi) In so far as bench marking the international transactions using customs data is concerned we sustain the order of the Ld. CIT(Appeals) as the Ld. CIT(A) observed that the Chennai Bench of the Tribunal in the case of Coastal Energy Pvt. Ltd. Vs. ACIT (supra) held […]

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