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Order unsustainable as passed without considering relevant evidence

December 19, 2022 1038 Views 0 comment Print

CESTAT Mumbai held that order passed without considering evidence relating to availment of depreciation under the Income Tax Act is liable to be quashed.

Contention of assessee not acceptable merely because books are certified by Auditor

December 19, 2022 1425 Views 0 comment Print

ITAT Ahmedabad held that merely because the books of accounts have been subjected to tax audit under Section 44AB of the Act and the Auditor had certified the books of accounts to be in order, the contention made by the assessee cannot be stated to be full proof.

Security deposit payment for restoration of high tension electricity connection mandatory for Corporate Debtor

December 19, 2022 1368 Views 0 comment Print

NCLAT Delhi held that the Corporate Debtor are mandatorily required to pay security deposit for restoration of high tension electricity connection.

Seized documents/ book/ things can be retained for maximum four and half years

December 19, 2022 2751 Views 0 comment Print

Delhi High Court held that combine reading of provisions of reading of sections 67(2) second proviso, 67(3), 74(2), 74(10) clarifies that seized documents or book of things can be retained for a maximum period of four and half years.

Outflow towards cost of acquisition cannot be ignored for non-registration of assignment agreement

December 19, 2022 756 Views 0 comment Print

ITAT Bangalore held that merely for the reason that the assignment agreement is not registered, the actual outflow from the hands of the assessee towards acquisition of the property cannot be ignored for computing the capital gains.

Reopening untenable as no nexus between material and belief of AO of escapement of income

December 19, 2022 867 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment unsustainable in absence of nexus between material coming to the knowledge of the AO And formation of his belief of escapement of income.

Exemption u/s 80G granted to trust inspite of some expenses incurred for religious purpose

December 19, 2022 1938 Views 0 comment Print

ITAT Pune held that if Trust/Institution incurs expenses for religious purposes which is inclusive and is only a small part of the income, and if the substantial work done by the trust is charitable in nature benefitting the public at large then the institution or trust has to be granted exemption u/s 80G of the Act.

Transaction price to be viewed as arm’s length price as payments made with specific regulatory approval

December 19, 2022 1323 Views 0 comment Print

ITAT Mumbai held that payments under the BBCD arrangements were made with specific regulatory approval prescribed by the RBI hence that approval can also be viewed in support of the transaction price as an arm’s length price.

Mere modus of operandi without supportive material cannot be base for addition

December 19, 2022 1308 Views 0 comment Print

ITAT Ahmedabad held that mere modus of operandi cannot the basis of making the addition or treating the transaction carried out in any share/scrip as bogus until and unless it is supported by the material documents.

Bail granted in absence of grounds to believe that Applicant is guilty

December 19, 2022 2907 Views 0 comment Print

Delhi High Court held that there are reasonable grounds to believe that the Applicant is not guilty of the offence. Further, the Applicant is also not likely to commit any offence while on bail. Accordingly, bail granted.

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