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Archive: 23 June 2022

Posts in 23 June 2022

HC quashes Income Tax Order passed after giving mere 3 days to reply to SCN

June 23, 2022 1638 Views 0 comment Print

Shubham Thakral Vs ITO (Delhi High Court) Learned counsel for the Petitioner states that only three days’ time was granted to the Petitioner to respond as against the mandatory statutory period of at least seven days. He further states that though the annexure annexed with the notice granted the Petitioner eight days’ time to respond, […]

NCLT Has jurisdiction/Power to Recall Its Order: NCLAT

June 23, 2022 4374 Views 0 comment Print

Printland Digital (India) Pvt. Ltd. Vs Nirmal Trading Company (NCLAT) NCLAT held that There is a difference between recalling of an order and review on merits of the issue decided by the Adjudicating Authority. No doubt that the Adjudicating Authority has no jurisdiction to review its order after deciding a substantial issue but it has […]

HC Quashes Reassessment Order passed without Considering reply of Assessee

June 23, 2022 825 Views 0 comment Print

Karida Real Estates Private Limited vs ACIT (Delhi High Court) Keeping in view the fact that the impugned order and notice have been issued without considering the reply filed by the Petitioner, this Court sets aside the impugned order passed under Section 148A(d) of the Act and the notice issued under Section 148 of the […]

Section 271(1)(c) Penalty not imposable if notice not Specify the Limb

June 23, 2022 879 Views 0 comment Print

It has been held that notice issued by AO should specify which limb of Section 271(1)(c) of the Act penalty proceedings has been initiated.

Consideration for Resale of Computer Software Is Not Royalty

June 23, 2022 843 Views 0 comment Print

consideration for the resale of the computer software through End User License Agreement (EULA)/distribution agreements, is not the payment of royalty for the use of copyright in the computer software, and that the same does not give rise to any income taxable in India

Use of Competitor’s Trademark as Keyword on search engines/App store not allowed

June 23, 2022 2262 Views 0 comment Print

HC held that, there would be no difference in the use of trade marks as a keyword on search engines as opposed to use as a keyword on App store searches. So long as the key words are being used for promoting a business, using a competitor’s trade mark, the same would be violative of the rights of the trade mark owner.

Peak calculation method is applied for computing profit from unaccounted cash sales

June 23, 2022 1815 Views 0 comment Print

Held that the correct method is applying peak calculation method to compute the profit from the unaccounted cash sales made by the assessee.

Section 10(10D) On maturity of life insurance policy only net income is chargeable to tax

June 23, 2022 3522 Views 0 comment Print

On maturity of life insurance policy, where section 10(10D) does not apply, it is only the net income which is chargeable to tax in the hands of the assessee.

Additions on grounds not forming part of reasons for reopening assessment not sustainable if no addition based on reason for reopening

June 23, 2022 3552 Views 0 comment Print

Indian Redcross Society Vs ITO (ITAT Ahmedabad) We note that the Ld. Assessing Officer has not made any additions and nor even discussed the issue on the basis of which the reassessment proceedings were initiated. The assessee had pointed out that the Ld. Assessing Officer had committed a factual inaccuracy by stating that a sum […]

Failure to produce adequate evidence, accused entitled for benefit of doubt

June 23, 2022 720 Views 0 comment Print

Nand Kishore Rai Vs Central Bureau of Investigation (Calcutta High Court) The accused persons were given benefit of doubt, as the prosecution failed to inquire the witness and also failed to produce necessary books of accounts. Facts- The appellants, Nand Kishore Rai and his wife Smt. Bandana. Rai, were found guilty to the charge under […]

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