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Archive: 16 December 2022

Posts in 16 December 2022

Exemption u/s 10(38) not available in case of LTCG for sale of bogus equity shares

December 16, 2022 6828 Views 0 comment Print

ITAT Kolkata held Long Term Capital Gain (LTCG) for sale of equity shares as bogus and accordingly not eligible to exemption u/s. 10(38) of Income Tax Act, 1961.

Expenditure towards abandoned project is available as revenue expenditure

December 16, 2022 3558 Views 0 comment Print

ITAT Hyderabad held that expenditure incurred for construction/acquisition of new facility which was subsequently abandoned at work-in-progress stage was allowable in year of write off as incurred wholly and exclusively for purpose of business.

Remuneration u/s 40(b)(v) available on additional income offered

December 16, 2022 1935 Views 0 comment Print

ITAT Bangalore held that as the additional income offered is considered as business income, remuneration u/s. 40(b)(v) of the Income Tax Act is available on the same.

Benefit of carry forward and set off available to amalgamating company is also available to amalgamated company

December 16, 2022 2709 Views 0 comment Print

ITAT Pune held that as the business of amalgamating company continues uninterruptedly by amalgamated company, the benefit of carry forward and set off earned by amalgamating company is available to amalgamated company.

There is no concept of deferred revenue expenditure

December 16, 2022 8901 Views 0 comment Print

Held that there is no concept of deferred revenue expenditure but the assessee is entitled to depreciation on the assets so capitalized and put to use for the software services related to health care.

Order passed ex-parte and violating principle of nature justice is bad in law

December 16, 2022 2229 Views 0 comment Print

Patna High Court held that order is bad in law and liable to be quashed as the same was passed in violation of principle of natural justice i.e. without providing fair opportunity of hearing and order was passed e-parte without assigning sufficient reasons.

Scheme of compromise and arrangement found to be beneficial to related creditors hence liquidation sustained

December 16, 2022 4020 Views 0 comment Print

NCLAT Delhi held that scheme of compromise and arrangement is found to inflate the total payments by provisioning payment to creditors who are related to corporate debtor. Hence, impugned order allowing the Liquidator to proceed with the e-auction and not allowing any more time for consideration of the scheme proposed under section 230 of the Companies Act, 2013 is sustainable.

Transfer/postings of 48 officers in the grade of CIT/DIT

December 16, 2022 10539 Views 1 comment Print

Office Order No. 274 of 2022 – Transfer/postings of 48 officers in the grade of Commissioners of Income Tax/Directors of Income Tax

Transfer/postings of 62 officers in the grade of PCIT/PDIT

December 16, 2022 3807 Views 0 comment Print

Office Order No. 273 of 2022-Income Tax transfer/postings of 62 officers in the grade of Principal Commissioner of Income Tax/ Principal Director of Income Tax

Section 66 doesn’t specify look back period for fraudulent trading

December 16, 2022 2952 Views 0 comment Print

NCLAT Chennai held that there is no specified look back period for fraudulent trading under section 66 and hence losses caused to the Creditors are recovered in the event of the Liquidation and that the Directors who caused such losses are made liable to make good such losses.

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