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Archive: 18 October 2022

Posts in 18 October 2022

Assessment order must mention bank details of bogus accommodation entries

October 18, 2022 1626 Views 0 comment Print

Boutique International Pvt Ltd Vs DCIT (Delhi High Court) Court finds that the information furnished to the Petitioner and the impugned order do not specify in which bank account or account number, the alleged amount have been received by the Petitioner. Though the impugned order states that the asset is represented by bogus accommodation entries in […]

FD Interest Income not Taxable till determination of ownership of FDs

October 18, 2022 882 Views 0 comment Print

PCIT Vs Rajdarbar Heritage Venture Ltd. (Formerly Known As Global Heritage Venture Ltd.) (Delhi High Court) High Court held that till the final award was passed by the Arbitral Tribunal determining the ownership of the fixed deposits (FDS) and interest, it could not be said that the interest income had crystallized in the respondent’s hands […]

ITAT restores appeal to CIT(A) & directed to consider incriminating material found during search

October 18, 2022 681 Views 0 comment Print

Dy.C.I.T Vs Ashok Developers & Builders Ltd (ITAT Hyderabad) It is an admitted fact that a search & seizure operation took place in the premises of the assessee on 18.02.2016 and certain incriminating documents were found and seized. We find the AO in the order passed u/s 143(3) r.w.s. 153A of the Act determined the […]

Ao allowed interest on Loan on wrong assumption of facts: Exercise of section 263 Jurisdiction Valid 

October 18, 2022 561 Views 0 comment Print

AO had wrong assumption of facts and by applying incorrect law without due application of mind allowed claim of interest paid on borrowed capital u/s. 24(b). Therefore, in our opinion, PCIT correctly exercised its jurisdiction

Cash deposited during demonetization – HC allows reassessment

October 18, 2022 1329 Views 0 comment Print

Jain Cooperative Bank Limited Vs ACIT (Delhi High Court) As per the notice issued under Section 148A(b) the reassessment proceedings were initiated on the basis of suspicious transactions flagged by the FIU [Financial Intelligence Unit]. It is pertinent to mention that the petitioner is registered as a non-scheduled Urban Co­operative bank who ‘maintained current accounts […]

Delayed refund order implementation causes loss to exchequer: HC

October 18, 2022 750 Views 0 comment Print

It is strange that that the order dated 26th May, 2022, has not been implemented till date. The interest on the refund continues to run at the cost of the exchequer.

फर्जी आनलाइन पाठ्यक्रमों और विदेशी मुद्रा ट्रेडिंग के नाम पर काले धन को सफेद बनाने का खेल

October 18, 2022 1422 Views 0 comment Print

फर्जी आनलाइन पाठ्यक्रमों और विदेशी मुद्रा ट्रेडिंग के नाम पर गठित कंपनियां कर रही काले धन को सफेद बनाने का खेल हाल में ही कोलकाता स्थित केनरा बैंक की ब्रांच की शिकायत पर पुलिस द्वारा कार्यवाही की गई तो चौंकाने वाले तथ्य सामने आए: १. आनलाइन पाठ्यक्रमों के काम में लिप्त दो कंपनियों के खाते […]

Section 44BB of Income Tax Act 1961 with brief summary

October 18, 2022 11115 Views 0 comment Print

Understand Section 44BB of the Income Tax Act 1961 and its implications for non-resident businesses providing services or facilities in connection with mineral oils.

CENVAT credits eligible on Welding Electrodes & D.A. Gas used in repair/maintenance of plant

October 18, 2022 234 Views 0 comment Print

Manikgarh Cement Vs Commissioner of Central Excise (CESTAT Mumbai) As could be noticed from para 24 of the Order-in-Original, the adjudicating authority had observed that Welding Electrodes and D.A. Gas were used in the cement manufacturing plant of the Appellant for the purpose of repair and maintenance of its plant and machinery. This being observation […]

HC deletes Section 36(1)(viii) disallowance on the principles consistency & certainty

October 18, 2022 627 Views 0 comment Print

Individual affairs are conducted and business decisions are made in expectation of consistency, uniformity and certainty and to detract from those principles is neither expedient nor desirable.

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