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Invocation of section 147 untenable in absence of new/ fresh material indicating escapement of income

January 13, 2023 1749 Views 0 comment Print

ITAT Chennai held that AO having chosen not to scrutinize the return cannot resort to the provisions of section 147 of the Income Tax Act in absence of any new or fresh material indicating escapement of income.

Export benefit of refund of excise duty eligible for deduction u/s 80IC

January 13, 2023 708 Views 0 comment Print

Gujarat High Court held that deduction under section 80IC of the Income Tax Act available on export benefit on account of the refund of excise duty.Gujarat High Court held that deduction under section 80IC of the Income Tax Act available on export benefit on account of the refund of excise duty.

Addition u/s 69 based on tally data having various discrepancy is unsustainable

January 13, 2023 1854 Views 0 comment Print

ITAT Mumbai held that addition under section 69 of the Income Tax Act based on tally data having various inherent discrepancy is unsustainable as AO failed to verify or ask the assessee to reconcile the same from actual books of accounts or physical stocks.

Application u/s 60(5) permissible for carrying out duties entrusted to IRP u/s 18 of IBC, 2016

January 13, 2023 891 Views 0 comment Print

NCLAT Delhi held that an application by the Resolution Professional under section 60(5) of IBC, 2016, to direct the tenant to vacant the property of Corporate Debtor, permissible for carrying out the duties entrusted to the IRP under Section 18 of the Code.

Application u/s. 9 of IBC, 2016 rejected due to pre-existing dispute

January 13, 2023 780 Views 0 comment Print

NCLT Delhi held that this Adjudicating Authority is not a dispute redressal forum. Accordingly, so long as a dispute truly exists in fact and is not spurious, hypothetical and illusory, the adjudicating authority has to reject the application u/s. 9 of the Insolvency and Bankruptcy Code, 2016.

Resolution professional not taking any steps to get Corporate Debtor as going concern is bad in law

January 13, 2023 1902 Views 0 comment Print

NCLAT Delhi held that impugned order is liable to be set aside as resolution professional didn’t took reasonable step to get the Corporate Debtor as going concern which is mandated as per Section 25(2)(h) of the Insolvency & Bankruptcy Code, 2016.

Extension granted as referring documents, collecting information and preparing reply like to take more time

January 13, 2023 1875 Views 0 comment Print

Telangana High Court granted two months time for submission of reply to the show cause notice. Further, stated that extended period of two months will be excluded for the purpose of computing period of 180 days under Section 5(3) of the Prevention of Money Laundering Act, 2002.

Receipt from domain name registration not fall in category of royalty & hence not taxable

January 13, 2023 1101 Views 0 comment Print

ITAT Mumbai held that in absence of rights in the domain name, receipt from domain name registration doesn’t fall in the category of royalty as defined under Article 12(3) of India-UAE DTAA.

Addition in hands of employee unsustainable as cash was handled on behalf of employer

January 13, 2023 708 Views 0 comment Print

ITAT Mumbai held that addition with regard to unexplained payment unsustainable in the hands of the employee as employee merely handled the cash on behalf of the employer.

Adoption of one possible course doesn’t make order erroneous and revision thereon not permissible

January 12, 2023 420 Views 0 comment Print

ITAT Ahmedabad held that adoption of one of the courses permissible in law which resulted in to loss of revenue cannot be treated as erroneous order and accordingly invocation of revision proceedings u/s 263 unjustifiable.

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