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Penalty u/s 271(1)(c) unsustainable on suo moto reversal of excess depreciation

July 14, 2022 2037 Views 0 comment Print

Held that the addition made on account of excess depreciation claimed, having been surrendered by the assessee itself without any prior detection by the Revenue, the excess claim having been demonstrated to have been made for bonafide reasons, it is surely not a case for levy of penalty at all.

Trademark registration expenditure is revenue expenditure

July 14, 2022 5001 Views 0 comment Print

Held that the expenditure incurred on mere registration of trade-mark is a revenue expenditure

Re-determination of value, without any case of mis-declaration & undervaluation, not maintainable

July 14, 2022 2109 Views 0 comment Print

Revenue has not made out any case of mis-declaration and consequential undervaluation. Therefore, we find no merit in the re-determination of the value of the yacht and confirmation of differential duty thereon.

Initiation of reassessment proceedings, without notice u/s 148, is bad in law

July 14, 2022 1695 Views 0 comment Print

Held that as notice for reopening of assessment u/s 148 was not served, within the time stipulated u/s 149, reassessment proceedings initiated u/s 147 is untenable in law

Mere Acceptance of rent after lease period expiry not amounts to waiver of termination of lease

July 11, 2022 5892 Views 0 comment Print

SC Held that mere acceptance of the rent by the landlord after the expiry of the period of lease would not amount to waiver of the termination of lease.

GST registration cancellation without personal notice- HC invokes jurisdiction

July 11, 2022 1170 Views 0 comment Print

A notice was given on the website, which is not sufficient, and a personal notice has to be given before cancellation of the GST registration. Therefore, the Court can invoke its jurisdiction under Article 226 of the Constitution.

A&C Act not inviolable Based on A Non-Binding Arbitration Agreement

July 11, 2022 1065 Views 0 comment Print

Held that as the agreement between the parties provided for a ‘non-binding’ arbitration, there was absolutely no intention of the parties to enter into an arbitration agreement and that the said agreement could not be termed as an arbitration agreement.

GST: Provisional attachment post conclusion of proceedings is not maintainable

July 11, 2022 1041 Views 0 comment Print

HC Held that the provisional attachment of the bank account is not maintainable once search under Section 67 has been concluded and the department is said to be in the process of proceedings to take Section 74 of the CGST Act.

Discount on issue of ESOP is allowable expenditure u/s 37(1)

July 11, 2022 2841 Views 0 comment Print

ITAT Held that discount on issue of ESOP is allowable as deduction under the head Profits & Gains of Business or Profession.

Addition for mere typographical error in Bank A/c number not unsustainable

July 11, 2022 681 Views 0 comment Print

Mere typographical error of the account number of the bank account does not mean that the assessee has not disclosed proper information about the bank account details. Addition u/s 69A unsustainable

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