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Archive: 22 June 2022

Posts in 22 June 2022

Interest u/s 244A is receivable up to the date of issue of refund cheque

June 22, 2022 6204 Views 0 comment Print

Interest on refund amount, under section 244A of the Act, is receivable up to the date of issue of refund cheque.

Annual Return on Foreign Liabilities & Assets (FLA)- FAQs & Latest Provisions

June 22, 2022 10836 Views 0 comment Print

Understand the requirements and provisions of the Annual Return on Foreign Liabilities and Assets (FLA). Avoid penalties by submitting the FLA by the due date.

Income Tax: Section 2(22)(e) Act can be invoked in respect of shareholder

June 22, 2022 549 Views 0 comment Print

ACIT Vs Vserve Business Solution Pvt. Ltd. (ITAT Delhi) Assessing Officer has not disputed the fact that the assessee is not a share holder in Intersoft Data Labs Labs Pvt. Ltd. which provided interest free loans to the assessee only because the assessee as well as lender entity are having a common shareholder the Assessing […]

Right to Arear of pension cannot be denied to Appellant wrongly superannuated/retired at the age of 58 years instead of 60

June 22, 2022 681 Views 0 comment Print

Shri M.L. Patil (Dead) Through LRs Vs The State of Goa and Anr. (Supreme Court of India) High Court has held that action of the State Government in requiring the original petitioners to retire at the age of 58 years or not permitting them to continue in their service upto the age of 60 years […]

ITAT deletes addition of unsecured loans made for non-filing of ITR of lenders

June 22, 2022 1863 Views 0 comment Print

ACIT Vs Anand Jayantilal Kharbhari (ITAT Surat) We note that addition of unsecured loans of four parties totaling to Rs.3,65,00,000/- was made by the assessing officer only for want of Income Tax Returns. The assessing officer had mentioned in the assessment order about the confirmation and other details filed but because scrutiny selection through CASS […]

Interest expenditure on abandoned project allowable as revenue expense

June 22, 2022 1338 Views 0 comment Print

ITAT Chennai allows deduction of interest expenses for abandoned project. Legal principles supported by judicial precedents. Assessment reopened validly

Assessee has right to get adequate time to submit reply to Section 148A(b) notice

June 22, 2022 4254 Views 0 comment Print

Meenu Chaufla Vs ITO (Delhi High Court) 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 days’ period to an assessee […]

After approval of winding up proceedings, Appeal not-maintainable if liquidator not amends Form No. 36A

June 22, 2022 549 Views 0 comment Print

Osian’s Connoisseurs of Art Pvt. Ltd Vs DCIT (ITAT Mumbai) ITAT held that once interim resolution professional has been appointed by the NCLT, then earlier Ld. counsel authorized by the Management of the Company has no authority to represent the case and therefore adjournment sought on his behalf was accordingly rejected. The Tribunal in ITA […]

Section 148A(d) Order- ITAT remanded matter back to AO for fresh decision

June 22, 2022 2829 Views 0 comment Print

Appellant claimed that order passed under section 148A(d) of the Act and notice dated 31st March, 2022 issued under section 148 of the Act have been passed/issued in gross violation of the principles of natural justice.

Invocation of jurisdiction under Section 147 is not alternative to Section 263

June 22, 2022 1755 Views 0 comment Print

Plaza Cable Industries Ltd Vs DCIT (ITAT Delhi) The maintainability of jurisdiction under Section 147 of the Act is central to the controversy in the instant case. On perusal of the reasons recorded under Section 148(2) of the Act qua the alleged escapement as reproduced in paragraph 6 above, it is straightaway noticed that the […]

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