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Archive: 21 November 2022

Posts in 21 November 2022

Penalty notice become defective if it does not disclose specific charge

November 21, 2022 1251 Views 0 comment Print

ACIT Vs Amit Tiwari (ITAT Indore) The submissions of the assessee are that penalty proceedings u/s 271AAB as initiated is bad in law on account of firstly penalty notice so issued is defective as it does not disclose specific charge and secondly there is no concealed income as search took place prior to due date […]

Reassessment without section 148 notice invalid even if assessee participated in proceedings

November 21, 2022 3387 Views 1 comment Print

Dr. Shri Gurunath Shankarappa Wachche Vs ITO (ITAT Pune) Section 292BB provides that where an assessee has appeared in any proceedings etc., it shall be deemed that any notice under any provision of this Act, has been duly served upon him in time and such assessee shall be precluded from taking any objection in any […]

Interim relief granted to workers is covered within the purview of basic wages

November 21, 2022 3192 Views 0 comment Print

Kerala High Court held that interim relief granted to the workers at 20% of the wages of the works will come within the purview of the definition of basic wages as mentioned in Section 2(b) of the the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.

Criminal proceedings cannot continue on CA in absence of any personal interest in conduct of business

November 21, 2022 5847 Views 0 comment Print

Orissa High Court held that No Objection Certificate certified by the Chartered Accountant is the act of discharging his professional duty No criminal proceedings can be continued in absence of material showing personal interest in any gain/ loss of the parties conducting business.

Bail granted in Extortion Case as there was no possibility of tampering with evidence

November 21, 2022 3471 Views 0 comment Print

Jharkhand High Court held that bail granted as the petitioner was held to be not at flight risk and also there was no possibility of tampering the evidence or influencing/ intimidating the witness.

Late Fees not applicable under Section 234E of Income Tax Act pertaining to The Period of Tax Deduction Prior to 01.06.2015

November 21, 2022 1473 Views 0 comment Print

The ITAT allowed the appeals and have sustained that, the demand under Section 200A for computation and intimation for the payment of fee under Section 234E could not be made in purported exercise of power under Section 200A by the respondent for the period of the respective assessment year prior to 1.6.2015.

Why PEOs are on the rise: A healthy lookout

November 21, 2022 801 Views 0 comment Print

A PEO (professional employer organization), is a full-service co-employment human resource outsourcing structure. In this arrangement, the PEO works on behalf of a company to handle numerous personnel administration duties like payroll and benefits administration.

Foreign Tax Credit cannot be denied if Form 67 prescribed under Rule 128 of Income Tax Rules not filed

November 21, 2022 3294 Views 0 comment Print

The ITAT observed that Foreign Tax Credit cannot be disallowed in case of not filing Form 67 prescribed under Rule 128 of Income Tax Rules, 1962 Thu by this observation ITAT have not denied the substantive benefit in case of procedural lapse

Addition under Section 68 unsustainable in absence of establishment of links between evidences

November 21, 2022 1578 Views 0 comment Print

The ITAT deleted the additions made under Section 68 and 69C on the reasoning that AO was unable to establish links between the evidence collected.

Real income cannot be determined based on only income tax returns in matrimonial conflict

November 21, 2022 2247 Views 0 comment Print

Supreme Court of India held that income tax returns do not necessarily furnish an accurate guide of the real income particularly when parties are engaged in a matrimonial conflict. Hence, it is for the Family Court to determine what would be the real income based on a holistic assessment.

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