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Archive: 21 July 2023

Posts in 21 July 2023

Jharkhand HC Grants Bail on Money Laundering Case Due to Insufficient Evidence

July 21, 2023 810 Views 0 comment Print

Explore the recent Jharkhand High Court verdict on a money laundering case, Gopal Oraon Vs Union of India. Discover the court’s perspective on the lack of material evidence leading to the grant of bail.

Amount surrendered under unrecorded stock taxable as business income

July 21, 2023 1467 Views 0 comment Print

ITAT Pune held that that the amount surrendered under unrecorded stock has to be brought to tax under the head “business income” and no provision u/s. 115BBE of the Income Tax Act is attracted.

Adjustment of notional interest unsustainable as credit period extended to even non-associated enterprises without interest

July 21, 2023 957 Views 0 comment Print

ITAT Mumbai held that adjustment of notional interest for extended credit period to the associated enterprises unsustainable as assessee extended credit period to its non-associated enterprises without charging any interest.

Delay in filing of tax audit report due to technical breach without mala fide intention doesn’t attract 271B penalty

July 21, 2023 2586 Views 0 comment Print

ITAT Chennai held that delay in filing of tax audit report due to dispute between the directors of the assessee company is just a technical breach without any malafide intention. Hence, penalty u/s 271B not leviable.

Penalty u/s 271B not leviable for venial technical breach without mala fide intention

July 21, 2023 1173 Views 0 comment Print

ITAT Chennai held that penalty under section 271B of the Income Tax Act cannot be levied for venial technical breach without any mala fide intention of the assessee as tax audit report submitted before completion of assessment proceedings.

Absence of Valid Notice u/s. 143(2): ITAT quashes Assessment Proceedings

July 21, 2023 6186 Views 0 comment Print

Analysis of Jigna Chetan Mehta Vs ACIT case about the validity of assessment proceedings in absence of a proper notice under section 143(2) of IT Act.

Legal remedies if a party files a wrong affidavit

July 21, 2023 20178 Views 1 comment Print

Discover legal remedies when a party files a wrong affidavit. Explore options like motions for correction or striking out, contempt proceedings, and civil actions for damages. Case laws such as Ram Saran Hansraj v. Dharanidhar Barman and M.G. Agarwal v. Hussainbhai provide insights. Uphold truth in judicial proceedings.

Demergers and Tax Consequences in Indian Contacts

July 21, 2023 39927 Views 1 comment Print

Explore demergers and tax consequences in Indian corporate context. Understand the demerger process, rationales, modes, and forms. Learn about the advantages and tax effects, including capital gains, written down value, unabsorbed business losses, GST, and stamp duty implications. Navigate through the complexities of demerger under the Companies Act and Income Tax Act for informed corporate decisions.

ICSI approves minimum stipend of Rs. 5,000 per month

July 21, 2023 31098 Views 1 comment Print

ICSI Approved a uniform minimum stipend of Rs. 5,000/- (Rupees Five Thousand Only) per month for the students (both Executive & Professional Programme) registering for Practical Training (Company/Company Secretary in whole-time practice/other entities) on or after 01st August, 2023.

Addition for cash payment to builder in succeeding AY cannot be made in AY in dispute

July 21, 2023 3102 Views 0 comment Print

Uncover the details of the ITAT Ahmedabad ruling in Surendra Ramdhar Yadav vs ITO, where the tribunal condoned a 259-day delay in filing an appeal due to medical treatment. Explore the implications and impact of this case on the legal landscape.

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