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Archive: August, 2022

Posts in August, 2022

Selective disclosure by SEBI amounts to cherry-picking which derogates commitment to fair trial: SC

August 15, 2022 1929 Views 0 comment Print

Held that SEBI could not have claimed privilege over certain parts of the documents and at the same time, agreeing to disclose some part. Such selective disclosure cannot be countenanced in law as it clearly amounts to cherry­picking.

Addition of cash deposited in bank post demonetization due to cash sales unsustainable

August 15, 2022 5241 Views 0 comment Print

Charu Aggarwal Vs DCIT (ITAT Chandigarh) Held that cash sales made by the assessee which was deposited in the bank post demonetization is sufficient source of cash deposited. Addition of the same unsustainable. Facts- A notice u/s 153A was issued to the assessee post search operation. Thereafter, the assessee filed its ROI declaring an income […]

Benefit given to importer as dept failed to substantiate allegation of undervaluation

August 15, 2022 1644 Views 0 comment Print

Held that no iota of evidence was submitted by Revenue regarding under valuation of goods and hence benefit given to the appellant.

Dispute settled under VSV Scheme cannot be pursued in Appeal

August 15, 2022 1455 Views 0 comment Print

Since the tax dispute for the year under consideration has been settled under VSV Scheme, therefore, it is not open to the assessee to pursue the legal remedy of appeal as well.

Income from hiring of inseparable factory building and Plant & Machinery taxable as Income from Other Sources

August 14, 2022 5157 Views 0 comment Print

Undisputed facts that emerge are that assessee has ceased its business operations and leased out factory building and Plant & Machinery to one lessee under two separate agreements.

Interest payable on refund of money deposited by Assessee upon re-computation by Revenue

August 14, 2022 3861 Views 0 comment Print

Assessee found entitled to refund of money deposited by it upon re-computation by Revenue & interest thereon is liable to be paid under Section 244A(1)(b)

Collector not empowered to revise stamp duty which is already levied & paid

August 14, 2022 6069 Views 0 comment Print

HC Held that Collector could not revise stamp duty upon Deed of Assignment, when he already once levied the stamp duty and endorsed a certificate to that effect on the Deed and such stamp duty was also paid

Cenvat credit available on service tax paid on modernization/renovation/repairs of factory

August 14, 2022 1797 Views 0 comment Print

CESTAT Held that services relating to modernization, renovation or repairs of factory is input service, accordingly cenvat credit available.

Issuance of notice of proceedings is mandatory – Section 11 of A&C Act

August 14, 2022 1365 Views 0 comment Print

Held that provisions of section 11(6) are judicial one and hence principal of opportunity of hearing or putting other party to notice is imperative. In absence of issuance of notice u/s 11 of A&C Act, order and proceedings gets vitiate.

Limited scrutiny – Section 263 cannot be invoked for other reasons

August 14, 2022 3972 Views 0 comment Print

Sahita Construction Company Vs Pr.CIT (ITAT Indore) Perusal of records shows that assessee’s case was selected for limited scrutiny through CASS for verification of “contract receipts/fees mismatch, sales turnover mismatch and tax credit mismatch”. The issue of payment to contractors and tax deducted thereon was never a part of reasons for the limited Therefore, there […]

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