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Archive: 18 July 2022

Posts in 18 July 2022

Inadequate inquiry not amount to erroneous order, Section 263 cannot be invoked

July 18, 2022 2373 Views 0 comment Print

Held that an inquiry made by the AO, considered inadequate by the Commissioner of Income Tax, cannot make the order of the Assessing Officer erroneous. Thus, the Commissioner of Income Tax by invoking revisionary powers u/s. 263 cannot impose his own understanding of the extent of inquiry.

Section 54F deduction eligible against new residential house acquired outside India

July 18, 2022 2145 Views 0 comment Print

Held that deduction u/s 54F is available against new residential house acquired outside India as provisions of section 54F doesn’t use the word ‘in India’.

Deduction u/s 80-IC not available on interest earned on fixed deposit

July 18, 2022 6357 Views 0 comment Print

Held that interest earned out of the fixed deposit made from the surplus funds being not connected to the manufacturing activity and do not form an integral part of the profits derived from industrial unit is not eligible for deduction

Portfolio manager not accountable for securities held by clients outside PMS

July 18, 2022 933 Views 0 comment Print

A portfolio manager may not be held accountable for securities held by its clients outside the PMS arrangement.

Order not erroneous when AO took one possible view

July 18, 2022 1203 Views 0 comment Print

Held that in case there are two possible views and the AO has taken one of the possible views, no action to exercise powers of revision can arise.

Cenvat credit on rejected goods available as inputs

July 18, 2022 1029 Views 0 comment Print

Held that Rule 16 allows the assessee to avail the cenvat credit of duty paid on the goods cleared by them, as if such goods are received as inputs

GST exempt on services provided by applicant to schools/education organizations in relation to ASSET examination

July 18, 2022 3996 Views 0 comment Print

Educational Initiatives Pvt. Ltd. Vs Union of India (Gujarat High Court) The writ-applicant claimed that the services provided by it to the schools/education organizations in relation to the ASSET examination is exempted from the payment of the GST under the Entry No. 66(b)(iv) of the Notification No.12/2017-Central Tax (Rate) dated 28th June 2017 as well […]

Section 68 Addition by ignoring all evidences filed by assessee is unsustainable

July 18, 2022 2991 Views 0 comment Print

Held that addition, only on the basis of information received from investigation wing ignoring all the evidences filed by the assessee, is unsustainable in law

Deduction u/s 80IB(10) allowed on the basis of substantial compliance

July 18, 2022 2190 Views 0 comment Print

Held that as the assessee had complied sufficiently the requirement of law as stipulated in section 80IB(10) of the Act and as per the said provision it was bound to complete the building project before 31.03.2012. Deduction u/s 80IB(10) allowed.

Amount debited from bank of assessee – Gross abuse of power – HC

July 18, 2022 5358 Views 0 comment Print

HC held that We fail to understand, prima facie, as to how the authorities get this power to take away amount from anybody’s account without account holder’s permission or even after taking away the money, they would not even consider it necessary to inform the account-holder that money from their account has been debited. This is nothing but high handedness and gross abuse of power.

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