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Archive: July, 2023

Posts in July, 2023

No Section 54B Exemption for Agricultural Land Bought in Son/Daughter-in-law’s Name

July 21, 2023 2188 Views 0 comment Print

ITAT Pune held that exemption under section 54B of the Income Tax Act based on new agricultural land bought in the name of the son and daughter-in-law and not in the name of the assessee is not allowable.

Reopening of assessment u/s 148 for mere change of opinion is unsustainable

July 21, 2023 1914 Views 0 comment Print

Bombay High Court held re-opening of assessment under section 148 of the Income Tax Act for mere change of opinion is without jurisdiction and unsustainable in law.

Order passed u/s 148A(d) within 3 years needs approval from PCIT & not PCCIT

July 21, 2023 2787 Views 0 comment Print

Calcutta High Court held that considering the provisions, order passed u/s 148A(d) is within three years and accordingly, Principal CIT (PCIT) and not the Principal Chief CIT (PCCIT) is ‘Specified Authority’ for approval of the same. Thus, AO rightly took approval from Principal CIT.

Madras HC Dismisses Writ Petitions for Virtual Cross-Examination in Personal Hearing due to Non-Appearance of Transporters

July 21, 2023 528 Views 0 comment Print

The Madras High Court recently dismissed Writ Petitions filed by Ambika Timber Depot, Sree Ashapura Saw Mill & Sree Laxmi Narayana Timbers Private Ltd seeking a legal opportunity for virtual cross-examination in a Personal Hearing due to non-appearance of transporters.

Land held as investment is assessable to tax under the head ‘capital gain’

July 21, 2023 1524 Views 0 comment Print

ITAT Nagpur held that the assessee is undoubtedly entitled to hold two different portfolios in respect of the same kind of asset i.e. stock in trade and investment. Since, the land was held as investment the same is assessable to tax under the head ‘capital gain’.

CIT(A) Order based on fresh evidence without opportunity to AO is unsustainable

July 21, 2023 462 Views 0 comment Print

ITAT Chennai held that CIT(A) deleted disallowance of interest made u/s 36(1)(iii) based on the fresh evidences furnished by the assessee. However, CIT(A) failed to afford an opportunity to AO to verify the fresh evidence which is in violation of Rule 46A and hence order remanded back to AO to verify the evidences.

CESTAT Kolkata Upholds Confiscation of Betel Nuts and imposition of Penalty

July 21, 2023 789 Views 0 comment Print

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Kolkata has upheld the seizure of Betel Nuts and the imposition of penalties, dismissing the appeal by Sunil Kumar Yadav, who claimed ownership of the goods.

Once service tax levied under ‘Commercial Construction Service’, it cannot be re-demanded under ‘Works Contract Service’

July 21, 2023 558 Views 0 comment Print

The CESTAT quashes penalty against SAB Industries Limited, ruling that service tax cannot be levied under ‘Works Contract Service’ once demanded under ‘Commercial Construction Service’.

Adjudication Penalty for Late Filing of Financial Statement and Annual Return

July 21, 2023 4555 Views 0 comment Print

According to Section 137(1) (Copy of financial statement to be filed with Registrar) of the Company Act, 2013, A copy of the financial statements, including consolidated financial statement duly adopted at the annual general meeting of the company, shall be filed with the Registrar within thirty days of the date of annual general meeting.

Adjudication Penalty For Non-Appointment of Company Secretary

July 21, 2023 2601 Views 0 comment Print

Every listed company and every other public company having a paid-up share capital of Five crore rupees or more shall have whole-time key managerial personnel. And Further this Limit Increased to Ten Crore or More & Applicable in respect of FY Commencing on or after 01-04-2020.

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