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Addition of gold jewellery not sustained in absence of expert valuer’s report

June 25, 2022 801 Views 0 comment Print

Enhancing the quantity of gold by the weight of stones and diamonds is not logical. It was neither valued nor any Expert Valuers report was available on record. Addition unsustainable.

TDS not deductible on bank guarantee commission

June 25, 2022 2427 Views 0 comment Print

Bank guarantee commission cannot be said to be a commission as intended to u/s 194H of the but it is in the nature of Bank charges charged by the bank for provision of services to the assessee. TDS not deductible.

Bail granted as accused duly complied with the investigation

June 25, 2022 1842 Views 0 comment Print

Bail granted on the basis that there is no substantial allegation that the accused failed to comply with any such notices during the period of investigation. No material has been placed on record to establish any change of circumstances on the basis of which their arrest could have been considered

Relinquishment of right in a property is capital gain

June 25, 2022 27753 Views 0 comment Print

Consideration received for relinquishment of right in property is assessable under the head income from capital gains.

Exemption u/s 11 not available as income hit by proviso to section 2(15)

June 25, 2022 2292 Views 0 comment Print

Held that exemption u/s 11 will not be available to an assessee if the total income of the assessee includes any income which is hit by the proviso to provisions of section 2(15) of the Act.

Exemption u/s 11 denied as surplus utilized in violation of section 13

June 25, 2022 1683 Views 0 comment Print

Held that the assesee funds/surplus has been utilised and diverted in violation of several provisions of Section 13(1) & 13(2) of the Act. Exemption u/s 11 denied.

Writ not entertained on availability of alternative efficacious remedy

June 25, 2022 990 Views 0 comment Print

Held that this Court while exercising the writ jurisdiction under Article 226 of the Constitution of India cannot entertain or adjudicate upon such issues based on additional facts not advanced earlier. Writ petition not entertained on the ground of the petitioner has not availed of alternative efficacious remedy available under section 26 of the MVAT Act.

Cash deposit due to cash sales & cash receipt from debtors permissible

June 25, 2022 5412 Views 0 comment Print

Books of accounts maintained by the assessee were audited and accepted by the AO. Cash sales and cash realized from debtors were also known to AO. Addition u/s 69A of cash deposited deleted.

Declaration is mandatory for foreign tourist having gold above Rs. 50,000

June 25, 2022 2016 Views 0 comment Print

It was incumbent on the part of the petitioners to have made proper declaration under Customs Baggage Declaration Regulations, 2013 read with Baggage Rules 2016. These Rules apply to all passengers including tourist coming to India.

Addition u/s 68 confirmed as amount credited in books lack genuineness

June 25, 2022 2031 Views 0 comment Print

The assessee was used as a conduit company along with other companies to violate the provisions of minimum public shareholding criteria under SEBI Laws. Accordingly, addition confirmed as the amounts credited in the books of accounts of assessee lack genuineness.

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