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Archive: February, 2023

Posts in February, 2023

Revisionary power u/s 263 not invocable as facts already examined by AO

February 15, 2023 1182 Views 0 comment Print

ITAT Mumbai held that revisionary power under section 263 of the Income Tax Act is not invocable for taking second opinion by Pr. CIT as the facts were already examined by AO.

Section 143(1) intimation cannot be issued for invalid return

February 15, 2023 2514 Views 0 comment Print

Rajdhani Institute of Information Technology Vs CIT(A) (ITAT Cuttack) It was the submission that the assessee had been served with a communication dated 21.08.2015 intimating that the return filed by it was a defective return and if the defect was not rectified the return would be treated as invalid. Assessee had not complied with the […]

Claim allowed in scrutiny proceedings cannot be withdrawn by AO by mere change of opinion

February 15, 2023 879 Views 0 comment Print

Once claim has been allowed in scrutiny proceedings, then AO cannot withdraw the claim under section 154, by mere change of opinion and without there being any apparent mistake on record.

Income Tax: Order directing Section 142(2A) special audit must be communicated to Assessee: SC

February 15, 2023 3897 Views 0 comment Print

SC held that order directing special audit under Section 142(2A)  of Income Tax Act, 1961 is required to be communicated to appellant-assessee, so as to know the reasons, and, if required, the assessee can choose to exercise the option to challenge the order. 

ICFAI entitled to Service Tax exemption on its educational programmes

February 15, 2023 1428 Views 0 comment Print

An investigation was conducted upon ICFAI and its associates all over India, which resulted into issuance of multiple show cause notices proposing the demand of service tax along with applicable cess, interest and penalty, for the period of October 2007 to September 2009.

ITAT upheld Share Premium addition – 95% of such appeals are filed by Shell Companies

February 15, 2023 1131 Views 0 comment Print

Arham Packaging Goods Pvt. Vs I.T.O. (ITAT Kolkata) Normally, we do not hesitate in adjourning the matters on the request of assessees but we find that it is a case of share application and share premium. There are large number of appeals pending on this issue before the Tribunal and out of them, 95% are […]

Anti-dumping Duty cannot be demanded on the basis of expired notification

February 15, 2023 1542 Views 0 comment Print

Once a notification enforcing anti-dumping duty is expired and non-existent, such non-existent notification cannot be extended.

FAQs on Milestones & Illustrative Permissible Expenses For Reimbursement Under IFSCA (FinTech Incentive) Scheme, 2022

February 15, 2023 765 Views 0 comment Print

FAQs guides applicants with regard to milestones to be achieved & reimbursement of sanctioned grant amount under IFSCA (FinTech Incentive) Scheme, 2022.

Latest Case Law Related to IBC – October – December, 2022

February 15, 2023 2970 Views 0 comment Print

Stay up to date with the latest case law related to IBC in October, November and December 2022. Supreme Court finds OCs cannot enforce CIRP prematurely. AA must investigate plausible disputes, not feeble arguments.

Section 34 – Criminal Liability for Mis-Statements in Prospectus

February 15, 2023 72906 Views 0 comment Print

Section 34 of Companies Act 2013 deals with liability for shifting financial statements or prospectus. It specifies that any person who is found to be responsible for any false statement or misstatement in prospectus whether or not the prospectus is published shall be liable.

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