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Archive: October, 2022

Posts in October, 2022

Bogus Purchase: ITAT restores matter to CIT(A) for re-adjudication

October 13, 2022 1137 Views 0 comment Print

DCIT Vs Amrapali Eden Park Developers Pvt. Ltd. (ITAT Delhi) AO observed that the assessee has claimed expenditure on account of purchase from certain parties who are involved in merely issue of purchase bills (Bogus Purchase) and effecting payments through banking channels for commission and not actually supported with the physical transfer of goods. Furthermore, […]

In absence of FTS clause Income is chargeable as Business profit & not taxable in absence of PE

October 13, 2022 2874 Views 0 comment Print

ACIT Vs IQOR India Services Pvt. Ltd. (ITAT Delhi) Assessee submitted that there are a number of decisions of the co–ordinate Benches, wherein, with reference to India-Philippines DTAA, it has been held that, even, in absence of FTS clause, the income would be governed under the other provisions of DTAA, hence, has to be treated […]

Taxability of Sale Consideration accruing in multiple Years on sale of plot as per development agreement

October 13, 2022 1230 Views 0 comment Print

Shilpa Vitthal Jadhav Vs ITO (ITAT Pune) AO considered sale of plot as per development agreement of Rs.50,00,000/- as the share of assessee but, I find no reference whatsoever regarding the exact share of assessee pointing out in the said development agreement. The contention of ld. AR is that the AO considered the said amount […]

CBDT notifies Ontario Limited as pension fund – section 10(23FE)

October 13, 2022 510 Views 0 comment Print

CBDT notifies Ontario Limited as pension fund – section 10(23FE) vide Notification No. 114/2022-Income Tax | Dated: 13th October, 2022 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) New Delhi Notification No. 114/2022-Income Tax | Dated: 13th October, 2022 S.O. 4872(E).—In exercise of powers conferred by sub-clause (iv) of clause (c) of […]

CBDT notifies jurisdiction of CIT(A) under Faceless Appeal Scheme, 2021 

October 13, 2022 10737 Views 0 comment Print

CBDT notifies jurisdiction of CIT(A) under Faceless Appeal Scheme, 2021  vide Notification No. 113/2022-Income Tax  Dated: 13th October, 2022 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) New Delhi Notification No. 113/2022-Income Tax  Dated: 13th October, 2022 S.O. 4873(E).— In exercise of the powers conferred by sub-sections (1) and (2) of section 120 […]

Homologation Expenditure is Revenue in Nature

October 13, 2022 1365 Views 0 comment Print

ACIT Vs Mercedes-Benz India Pvt. Ltd (ITAT Pune) In the line of business of assessee i.e. manufacture and sale of passenger cars, the automobiles which were manufactured were governed by Central Motor Vehicles Act (CMV Act) and Central Motor Vehicle Rules (CMV Rules). Under the said regulations, it is mandatory to seek approval from the […]

Inner Party Democratic Presidential Election of Congress Party

October 13, 2022 1368 Views 0 comment Print

Explore the challenges of inner-party democracy in the Congress Partys presidential election. Will history repeat itself? Understand the dynamics of consensus, political history, and the role of leaders like Shashi Tharoor. Discover the parallels with historical figures who faced similar dilemmas within the party.

Assessment cannot exceed prescribed ‘limited’ scrutiny scope except as per due process of law

October 13, 2022 1578 Views 0 comment Print

Sagar Uttam Murhe Vs DCIT (ITAT Pune) Case law (2020) 120 com 187 CIT vs. Padmavati (Mad) (HC) holds that such an assessment could not exceed the scope of the prescribed ‘limited‘ scrutiny except as per the due process of law. This is indeed coupled with various coordinate benches decisions reiterating the very legal proposition. […]

HC allows delayed filing of appeal against GST Registration cancellation order

October 13, 2022 4041 Views 0 comment Print

Poonamchand Saran Vs Union of India (Rajasthan High Court) It is not disputed that appeal against cancellation of the GST registration can be filed within thirty days which can be extended by a further period of 30 days. The petitioner Poonamchand Saran filed the e-appeal in time but could not submit the hard-copy. On the […]

ITAT Condones 314 days Delay in filing of Form No. 10CCB

October 13, 2022 4071 Views 0 comment Print

Atlantic Bio Medical Pvt. Ltd Vs DCIT (ITAT Mumbai) Assessee had undisputedly filed the return of income electronically but under bonafide belief that the Form 10CCB was to be filed manually with the AO as and when required thus failed to file the same electronically along with the return of income. No doubt ignorance of […]

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