Dive into the case of Regent Professional Academy’s violation of Companies Act provisions. Learn about penalties imposed by MCA, analysis, and implications.
ITAT Delhi held that direction by CIT(A) to AO to take appropriate action for not deducting TDS from the perquisite in respect of interest free loans given to directors and to take appropriate action to tax the perquisites u/s. 17 of the Act is in excess of jurisdiction conferred by section 251 hence deleted.
ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unexplained cash credit unsustainable as cash proceeds already reflected in Profit & Loss account, hence addition u/s 68 will amount to double taxation.
Held that in the absence of any incriminating material found or seized during the course of search and seizure proceedings, the additions made by the AO during the course of reassessment under section 153A of the Income Tax Act are without jurisdiction.
ITAT Delhi held that as Permanent Establishment (PE) exists, interest income being connected to the PE, has to be treated as business profit under Article 7 of the treaty. Accordingly, expenses incurred has to be set off against the interest income.
The ITAT Chandigarh ruled in favour of an assessee whose agricultural income was previously marked as income from undisclosed sources, setting a significant precedent.
ITAT Raipur held that A.O after rejecting the books of accounts of the assessee could not have based his assessment on the said books of accounts. Accordingly, once the books of account of an assessee are rejected, then profit has to be estimated.
CESTAT Chennai held that imposition of penalty unsustainable as non-payment of service tax on renting of immovable property service was on account of confusions and litigations.
The ITAT Chennai confirmed that the late payment of EPF and ESI contributions could not be claimed alternatively under Section 37(1) of the Income Tax Act, marking a significant precedent for late payment disallowances.
Delhi High Court held that notice u/s 148 and order thereon issued and passed against a non-extant entity cannot be complied with and hence liable to be set aside.
