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Archive: 22 June 2022

Posts in 22 June 2022

Restrictions on import of products made of plastic

June 22, 2022 13536 Views 0 comment Print

Carry bag made of virgin or recycled plastic, shall not be less than seventy-five microns in thickness with effect from the 30th September, 2021 and one hundred and twenty (120) microns in thickness with effect from the 31st December. 2022.

Mere Mis-Declaration of Capital Loss as Business Loss is not Concealments of Income

June 22, 2022 414 Views 0 comment Print

Pur Opale Creations Ltd. Vs DCIT (ITAT Ahmedabad) It is an undisputed fact that the assessee has disclosed particulars of loss in sale of assets before the authorities below. Instead of treating a loss as capital loss the assessee has treated the same as business loss and therefore, it cannot be said to have not […]

Section 68 Addition valid in absence of Evidence to Establish Genuineness of Gift Received

June 22, 2022 750 Views 0 comment Print

Sanjeev Gajendra Pancholi Vs ITO (ITAT Ahmedabad) Perusal of the above gift deed shows that the donor viz. Shri Narendra Maganbhai Pancholi has sold piece of agriculture land from 28.3.2008 to 30.3.2008 and one agriculture land on 26.7.1999 aggregating to Rs.11,64,698/-. The donor claimed that this amount has been invested in private bank, shroff and […]

Denying opportunity of adequate time violates mandate of Section 148A(b)

June 22, 2022 663 Views 0 comment Print

Ester Industries Ltd Vs ACIT (Delhi High Court) This Court is of the view that the petitioner/assessee has the right to get adequate time in accordance with the Act to submit its reply. It is pertinent to mention that Section 148A(b) permits the Assessing Officer to suo moto provide up to thirty day’s period to […]

TDS not deductible on payment of interconnect user charges

June 22, 2022 1758 Views 0 comment Print

CIT (TDS) Vs Tata Teleservices Ltd. (Delhi High Court) Whether the ITAT was correct in holding that no TDS under Section 194J of the Income Tax Act was required to be deducted by the assessee on payment of interconnect user charges as it could not be categorized as fee for technical services? Admittedly, the Karnataka […]

ITAT Restores Matter To CIT(A) for proper examination & verification of documents

June 22, 2022 684 Views 0 comment Print

Harish Aswal Vs DCIT (ITAT Delhi) Ld. Counsel for the assessee submitted that the assessee has submitted all documentary evidences before the authorities below including ledger account of Centurian Bank Account No.442756061 available at page 108 to 138 of assessee’s Paper Book before the AO as well as before Ld.CIT(A) which clearly shows that the […]

Section 271(1)(c): Consciousness in furnishing inaccurate particulars with circumstantial evidences should be present

June 22, 2022 1083 Views 0 comment Print

Element of consciousness in furnishing inaccurate particulars of income coupled with circumstantial evidences should be present in the particular case.

RCM would not lead to double taxation for non-strict adherence to ratio

June 22, 2022 1413 Views 0 comment Print

Vice Chairman Settlement Commission Vs Zyeta Interiors Pvt. Ltd (Karnataka High Court) Whatever the ratio, the tax in its entirety has reached the hands of the ex-chequer. Merely for the reason that there was no strict adherence to the ratio as envisaged during the relevant point of time for payment of tax insofar as the assessee and […]

Differing quantum of Section 14A disallowances cannot be held to be ‘misreporting’

June 22, 2022 1317 Views 0 comment Print

Prem Brothers Infrastructure LLP Vs National Faceless Assessment Centre (Delhi High Court) This Court is of the opinion that the only addition in the assessment order framed is in respect of disallowance under section 14A of the Act. The Petitioner has made a disallowance of Rs.3,20,14,010/- which was recomputed by the Assessing Officer at Rs.6,82,45,759/-. […]

Settlement under Vivad Se Vishwas Scheme is possible for only one proceeding

June 22, 2022 1467 Views 0 comment Print

CBDT Circular no. 9/2020 dated 22/04/2020, question no. 19, clearly enables the assessee to avail Vivad Se Vishwas Scheme to avail VSV only for one proceeding , even when two parallel proceedings were pending before appellate forums.

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