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Archive: 14 November 2022

Posts in 14 November 2022

Exclusion of an industrial area from limits of municipal council would not cease it to be a ‘local area’: SC

November 14, 2022 3054 Views 0 comment Print

SC held that the exclusion of an industrial area or areas from the limits of municipal councils or municipalities under the state laws in exercise of statutory power or by virtue of a declaration under proviso to Article 243-Q, would not result in that area ceasing to be a local area within Entry 52 of List II.

Exemption u/s 54 of Income Tax Act includes more than one residential house

November 14, 2022 13458 Views 0 comment Print

ITAT Chennai held that capital gain exemption under section 54 of the Income Tax Act includes investment in purchase or construction of one or more than one residential house

Appeal in form No. 35 cannot be dismissed for mere wrong mention of section of assessment order

November 14, 2022 1977 Views 0 comment Print

G-Trans Logistics (India) Pvt. Ltd. Vs Income Tax Officer (ITAT Delhi) CIT(A) dismissed the appeal just on the ground that in Form No.35, the section of assessment order mentioned is 144 instead of 143(3). In his opinion of Ld. CIT(A) this is an incurable defect. Ld. CIT(A) has not specified under which law, it is […]

No addition in the hands of non-Resident merely based on ‘base note’

November 14, 2022 1773 Views 0 comment Print

DCIT Vs Manish Vijay Mehta (ITAT Mumbai) Undisputedly, in this case, the assessee is a nonresident from A.Y. 2001­-02 and has been working as an employee in Belgium. He is having the income of interest on fixed deposits in India and is filing the return of income since A.Y. 2003-04 showing residential status as non-resident. […]

NFRA introduces audit quality inspections

November 14, 2022 2829 Views 0 comment Print

The National Financial Reporting Authority (NFRA) has published its audit quality inspection guidelines  as a step towards  further  improving the quality of audit profession. The inspection guidelines are on the lines of the best practices followed by International Audit Regulators. In fact, Audit quality inspections are integral to the functioning of independent audit regulators, world-wide. […]

Application’s common-portal filing date is “relevant” when construing limitation

November 14, 2022 876 Views 0 comment Print

HC ruled that date of filing of application by assessee on common portal would be treated as date of filing of claim for refund to satisfaction of requirement of Section 54 of CGST Act and Rule 89 of CGST Rules.

Section 263 order cannot be passed on issue already examined in assessment

November 14, 2022 2469 Views 0 comment Print

Time City Real Estates (India) Limited Vs PCIT (ITAT Lucknow) In the present case, ITAT noted that the Assessing Officer had carried out sufficient enquiries and this is not even a case of lack of enquiry. Further the Hon’ble Supreme Court in the case of Malabar Industrial Co. has held that for assumption of jurisdiction […]

Compassionate appointment application post several years from death of deceased employee is impermissible

November 14, 2022 2994 Views 0 comment Print

Madras High Court held that an application seeking compassionate appointment lapsed several years from the death of the deceased employee is not allowable

Set of provisions on which trust registration was granted cannot be taken as base for cancelling the same registration

November 14, 2022 1611 Views 0 comment Print

Jharkhand High Court held that once registration has been granted under section 12AA after satisfying about genuineness of the activities of the Trust, the same cannot be cancelled on the basis of the same set of provisions of the Trust.

Expenditure of pay revision as approved is allowable

November 14, 2022 1155 Views 0 comment Print

ITAT Cuttack held that scientific method of calculation is done and the pay revision is approved, hence the provision for the pay revision is an unascertained liability nor the liability does not crystalise.

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