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Archive: 15 April 2023

Posts in 15 April 2023

Section 263 proceeding initiated without inquiry – CIT(E) failed to consider capital expenditure

April 15, 2023 393 Views 0 comment Print

CIT (Exemptions) Vs Kalinga Institute of Industrial Technology (Orissa High Court) On 12th January 2022, the CIT (E) issued a show cause notice (SCN) to the Assessee under Section 263 of the Act stating that a sum of Rs.1,11,54,33,001/- collected as development fees from its students had been directly carried to the balance sheet under […]

Ex Parte Order on first day of hearing violates Principles of Natural Justice

April 15, 2023 12093 Views 0 comment Print

Deciding appeal on ex parte basis on very first day of hearing is unjustified & such order is vitiated due to violation of principles of natural justice

Proceedings initiated & orders passed in the name of dead person is invalid

April 15, 2023 4911 Views 1 comment Print

It is settled proposition of law that proceedings initiated and orders passed in the name of the dead person is not valid. However, it appears that the AO was not aware of the fact of death of the assessee and the copy of death certificate is furnished for the first time before us.

HC stays Criminal Proceedings until disposal of Compounding Application u/s 279(2)

April 15, 2023 963 Views 0 comment Print

A compounding application under Section 279(2) of Income-tax Act, 1961 was made and is pending adjudication by CCIT. In the event of acceptance of compounding application, Act prescribes closure of criminal case.

Transfer of Income Tax cases – HC denies anticipatory Bail in corruption case

April 15, 2023 801 Views 0 comment Print

The main plea of the petitioners is that the anticipatory bail of these petitioners stand on a better footing than that of two co-accused who have been admitted on interim bail by the Hon’ble Supreme Court who were the Chartered Accountants and against whom there is direct allegation of paying illegal gratification to the principal accused and they were instrumental in getting the accounts of different Income Tax assessees transferred from Kolkata to Ranchi.

Lease rental from associated enterprises is not royalty – India-USA DTAA

April 15, 2023 1200 Views 0 comment Print

ITAT held that lease rental received by assessee on leasing of alloys cannot be treated as royalty in terms of India-USA DTAA & provisions of section 9(1)(vi)

No service tax on services of Treating Effluents Discharged from Member Units

April 15, 2023 750 Views 0 comment Print

CESTAT held that activity of treatment of effluent water is exempt from Service Tax under Notification No. 08/2017-S.T. dated 20.02.2017

Revisional Jurisdiction not Invokable If AO took one of Possible Views

April 15, 2023 510 Views 0 comment Print

Assessment order cannot be termed as erroneous and prejudicial to interests of revenue if AO has taken one of possible views of matter.

GST Section 112(8): Interest Component should be part of remaining tax? HC to decide

April 15, 2023 2505 Views 0 comment Print

Appellant submitted that interest on disputed tax does not come within expression remaining tax for Section 112(8) of CGST Act, 2017

Section 263 cannot be invoked on issue on which AO passed order after considering detailed reply of Assessee

April 15, 2023 588 Views 0 comment Print

PCIT Vs Karan Polymers Pvt. Ltd (Calcutta High Court) Short issue involved in the instant case is whether assumption of jurisdiction by PCIT under Section 263 of the Act was justified. The learned Tribunal noted that the issue based on which the PCIT assumed jurisdiction under Section 263 of the Act was the very same […]

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