"27 February 2023" Archive

Basics to Advance learning of Valuation of Securities – Series 1 (Part 1)

Securities are financial instruments that represent ownership or a claim on assets. Valuation of securities is the process of determining the fair value of a security, which is essential for investment decisions. Valuation helps investors to assess the risks and returns associated with a security and make informed investment decisions....

Posted Under: Corporate Law |

Personal Loan for Short-Term Holiday: Can I Get It?

#AD Even if a person manages money well, unforeseen travel expenses can put them in a tough financial situation. Rather than borrowing money from friends or family, a short-term Personal Loan can be the answer to cover immediate cash needs for holidays. A Personal Loan is an unsecured loan, that anyone with a regular income […]...

Posted Under: Corporate Law |

Mere change of opinion does not provide jurisdiction for re-opening of assessment

Survival Technologies Pvt. Ltd. Vs DCIT (Bombay High Court)

Reopening notice was issued without any tangible material. Mere change of opinion not provide jurisdiction to Revenue to re-open assessment....

TDS to be deducted as per Tax Treaties rates even when PAN of non-resident payee not available

DCIT Vs Adani Wilmar Ltd. (ITAT Ahmedabad)

ITAT Ahmedabad held that in case of payments to non-resident, when PAN of non-resident payee is not available, TDS is to be deducted at the rates applicable in respective Tax Treaties....

Entertaining claims for period before obtaining approval of resolution plan is unjustified

Sree Metaliks Limited Vs Additional Director General And Ors (Delhi High Court)

Delhi High Court held that as per law laid down by the Supreme Court in Ghanashyam Mishra, all dues including statutory dues shall stand extinguished and no proceedings in respect of dues for period prior to date on which approval to resolution plan is granted could be continued....

One-to-one co-relation not required for taking Cenvat credit under rule 3 of CCR, 2004

Delhi Metro Rail Corporation Ltd Vs Principal Commissioner (CESTAT Delhi)

CESTAT Delhi held that one to one co-relation is not required for taking Cenvat credit under Rule 3 of CCR. Once credit have been rightly taken, there is no restriction in use of such credit for payment of either central excise duty or service tax or any other specified tax liability....

Interest, being part of compensation for compulsory acquisition of agricultural land, is exempt u/s 10(37)

Manjeet Singh Vs ITO (ITAT Dehradun)

ITAT Dehradun held that the interest is accretion to the value of compensation and hence it is a part of compensation. Accordingly, interest received for compulsory acquisition of agricultural land is exempted under section 10(37) of the Income Tax Act....

Writ not entertained as petitioner failed to use opportunity granted by department

Suyambulingam Suresh Vs ITO (Madras High Court)

Madras High Court held that writ petition not entertained as petitioner failed to make use of opportunities granted by the department to respond to the notices....

Non-inclusion of interest income for misplace of fixed deposit is illogical argument

Smiths Detection Asia Pacific Pte Ltd Vs DCIT (ITAT Delhi)

ITAT Delhi held that addition of interest income on fixed deposit with Canara Bank sustainable as contention of the assessee that fixed deposit is misplaced and hence there is no question of earning any interest income is illogical....

Reopening of assessment on the basis of change of opinion is untenable

Bharat Amratlal Shah Vs ITO (Bombay High Court)

Bombay High Court held that reopening of assessment on the basis of change of opinion without reasons to indicate failure on the part of the petitioner to disclose truly and fully all the material facts is untenable in law....

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September 2023