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Income assessed at 1% on cricket betting in absence of satisfactory explanation

July 16, 2022 546 Views 0 comment Print

Held that AO correctly estimated the income of the assessee at 1% of the total transactions of cricket betting as found recorded in the laptops seized

Addition on cash sales accepted as revenue receipts as unexplained cash deposits unsustainable

July 16, 2022 1575 Views 0 comment Print

Held that undisputable the cash sales and details thereof is provided, VAT payment on such cash sales is also submitted. As the cash sales is not disputed by the department, adding the same as unexplained cash deposit unsustainable

Gratuity exemption u/s 10(10) available to employee holding civil post under a state

July 15, 2022 1377 Views 0 comment Print

Held that an employee holding a civil post under a state is eligible for exemption towards amount of gratuity received under section 10(10) of Income Tax Act

Proceedings concluded due to no tax dues and zero tax effect

July 15, 2022 3078 Views 1 comment Print

Held that as the issue in question is in the academic interest and as there is no revenue implication as there are no tax dues and therefore there is zero tax effect, we close the present proceedings keeping the larger question on the Common Parlance Test open

Limitation period of provisional attachment not extended based on SC order post pandemic

July 15, 2022 2676 Views 0 comment Print

Held that the 180 days window in Section 5 contemplates an end-point whereas the Supreme Court in the Suo Motu writ petition sought to protect the starting-point, which was at the risk of being defeated by reason of the pandemic.

Time limits, based on circumstance, can be compelling guidelines or mandatory prescription

July 15, 2022 975 Views 0 comment Print

Held that time limits placed by the legislature intends to enforce discipline in governance and could therefore be compelling guidelines or even mandatory prescriptions. Matter referred to three judge bench.

Set off of brought forward business loss & unabsorbed depreciation not available to ingenuine demerger

July 15, 2022 1434 Views 0 comment Print

Held that benefit of carried forward business losses and unabsorbed dep. u/s. 72A available only if the amalgamation/demerger is genuine

Revenue needs proper evidence to reject classification done by assessee

July 15, 2022 1104 Views 0 comment Print

Held that Revenue needs to adduce proper evidence to show that the goods are classifiable under a different heading than that claimed by the assessee. The onus is on the Revenue to establish that the item in question falls in taxing category as claimed by them.

Addition of unsecured loan sustained as genuineness of transaction not established

July 15, 2022 1674 Views 0 comment Print

Held that addition of the amount of unsecured loan sustained as the assessee failed to establish the genuineness of the loan transactions except filing the affidavits.

Order, prejudicial to the interest of revenue, set aside invoking jurisdiction u/s 263

July 14, 2022 3465 Views 0 comment Print

Held that the assessment order passed by the AO is erroneous in so far as it is prejudicial to the interest of the revenue and thus, the CIT has rightly exercised his jurisdictional powers

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