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Archive: 24 June 2022

Posts in 24 June 2022

Reopening based on change of opinion due to Audit Objection is invalid

June 24, 2022 3276 Views 0 comment Print

Explore ITAT Pune resolution in ACIT vs. Rohan & Rajdeep case. Deduction dispute u/s 80IA(4) for infra projects analyzed. Reopening validity examined.

Section 148 assessment reopening notice against dead person is invalid

June 24, 2022 1545 Views 0 comment Print

Explore the ITAT Delhi ruling in Neelam Dhingra vs. DCIT. Invalid reassessment notice against a deceased person. Legal fallacies leading to quashing of the order.

Camp Mobilisation/Demobilisation/Establishment cannot be treated As ‘Survey & Exploration of Mineral’

June 24, 2022 474 Views 0 comment Print

Explore the CESTAT Chennai ruling in AP Enterprises case. Analysis of activities—camp mobilization, construction, wiring—under Survey and Exploration of Mineral services.

Mere short payment of duty not sufficient to invoke extended period

June 24, 2022 762 Views 0 comment Print

CESTAT held that mere short payment of duty by the appellant is not sufficient in order to invoke the extended period.

Garnishee Proceedings become ‘Infructuous’ on stay of demand at Appellate Stage

June 24, 2022 1305 Views 0 comment Print

Upon disposal of appeal, in case adjudication order is upheld or modified, a fresh demand has to be raised in Form GST APL-04. Therefore, Garnishee notice become infructuous

Penalty not survive if Assessment Order held to be void ab initio

June 24, 2022 1233 Views 0 comment Print

ACIT Vs Rameshbhai Jivrajbhai Desai (ITAT Ahmedabad) During the course of assessment proceedings, the Assessing Officer initiated penalty proceedings under Section 271(1)(c) of the Act. The Ld. AR submitted that the assessment order passed under Section 153A of the Act was held to be void ab initio and thus there is no addition in the […]

If agreement for sale of immovable property not registered, it not amounts to transfer

June 24, 2022 2691 Views 0 comment Print

If an agreement for sale of immovable property is not registered, it does not amount to transfer in view of the 2001 amendment carried out to section 55A of the Transfer of Property Act and also simultaneous amendments to section 17(1A) and 49 of the Registration Act, 1908

Manipulation & Rigging via Penny Stock Company: ITAT upholds Addition

June 24, 2022 2658 Views 0 comment Print

Aditya Saraf HUF Vs ITO (ITAT Delhi) It is observed, as per the investigation conducted in relation to the shares of the company, on which, the assessee offered long term capital gain, it was found that it is a penny stock company. It was also found that due to price manipulation and rigging, there was […]

Section 263: PCIT cannot comment on issues not forming part of limited scrutiny

June 24, 2022 798 Views 0 comment Print

Baljeet Yadav Vs PCIT (ITAT Jaipur) It is evident from the assessment order and impugned order that the assessee’s case was selected for scrutiny under CASS for examination of cash deposits made in the bank during the demonetarization period. It is prima facie not clear whether it was a limited scrutiny case or a detailed […]

Deduction of excessive price paid on sugarcane purchase by Co-op sugar factory

June 24, 2022 1443 Views 0 comment Print

Sant Tukaram Sahakari Sakhar Karkhana Ltd. Vs ITO (ITAT Pune) We find the issue of payment of excessive price on purchase of sugarcane by the assessee is no more resintegra in view of the judgment of Hon‟ble Supreme Court in CIT Vs. Tasgaon Taluka S.S.K. Ltd. (2019) 103 taxmann.com 57 (SC). The Hon‟ble Apex Court […]

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