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Archive: June, 2022

Posts in June, 2022

Section 274 notice not specifying the grounds for penalty is invalid

June 18, 2022 4677 Views 0 comment Print

Neelkanth Town Planners Pvt. Ltd. Vs DCIT (ITAT Delhi) We find that the Assessing Officer has issued the penalty notice stating that, subsequently penalty notice u/s 271(1)(c) was issued on 20.03.2017, fixing the case for hearing on 24.03.2017. The assessee was asked to why penalty u/s 271(1)(c) should not be imposed upon you for concealment […]

Reassessment merely based on Investigation Wing information is invalid

June 18, 2022 2022 Views 0 comment Print

Uma Strips Ltd. Vs DCIT (ITAT Delhi) In this case ITAT find that there is no live link presented by the AO between the material available with him i.e. the report of the investigation and to reason to belief that the assessee has tried to evade the assessment for the particular year in question. Simply […]

HC quashes section 148 Notice as Dept failed to give Minimum Time to Respond

June 18, 2022 3246 Views 0 comment Print

Shri Sai Co-Operative Thrift and Credit Society Ltd. Vs ITO (Delhi High Court) In the present case, though the petitioner responded to the show cause notice, yet it could not provide all the relevant details and documents, as the time period of three days to respond to the show cause notice was inadequate. Consequently, this […]

ITAT directs AO to consider Additional Evidence not produced earlier by Legal Heir due to unawareness

June 18, 2022 702 Views 0 comment Print

Late Shri Nemichand Gunavanthraj Vs ITO (ITAT Chennai) We noted that the assessee has moved this petition under Rule 29 of the ITAT Rules and filed additional evidences i.e., confirmation letters from relatives, copies of Income-tax returns, copies of financial statements, copies of wealth tax returns of the relatives to prove the creditworthiness of the […]

Section 18 of Limitation Act Is Applicable to IBC Proceedings: SC

June 18, 2022 4254 Views 0 comment Print

The provisions of Section 18 of the Limitation Act are not alien to and are applicable to proceedings under the IBC

Arbitration & SARFAESI Act Proceedings can be Resorted Simultaneously

June 18, 2022 6621 Views 0 comment Print

Om Prakash Kumawat Vs Rekha Kumawat (Rajasthan High Court) In case of Indiabulls Housing Finance Limited , the Apex Court, after appreciating Sections 35 & 37 of the SARFAESI Act, held that arbitration proceedings and proceedings under the SARFAESI Act can be resorted to simultaneously Contention of learned counsel for the petitioners that in view […]

Procedure for Voluntary Liquidation of Company Under IBC, 2016

June 18, 2022 4149 Views 0 comment Print

Central Government vide its notification introduced in 2017 notified Section 59 of Insolvency and Bankruptcy Code. Prior to the commencement of Insolvency and Bankruptcy Code, 2016, the Voluntary Liquidation was governed under the Companies Act, 1956

ITC- Limitations on availement

June 18, 2022 5787 Views 1 comment Print

Understanding ITC limitations under GST: Learn about who can and cannot take credit for input tax charged on goods and services used in business.

Rights of Taxpayers In India

June 18, 2022 5241 Views 0 comment Print

Human rights and taxes today have an obvious and unmistakable connection, with human rights having a tangible and formal impact on many aspects of the tax relationship.

Precautions to be taken by Non-resident Indians while disposing their house property in India

June 18, 2022 1587 Views 0 comment Print

Important precautions for Non-resident Indians selling property in India. Understand the rules and regulations to avoid legal complications and taxes.

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