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Section 234E Late fee cannot be levied without machinery provision of section 200A

April 16, 2022 2361 Views 0 comment Print

Kooud Software Pvt. Ltd. Vs DCIT (ITAT Bangalore) Facts- The assessee is a private limited company. AO has passed the orders u/s 200A(1) the Act levying late fee towards the delay in filing the TDS returns u/s 234(E) of the Act for the A.Y. 2013-14 & 2014-15. Conclusion- On the basis of the decision of […]

Service tax not payable on exempt services declared under IDS

April 16, 2022 1842 Views 1 comment Print

Goyal and Co Construction Pvt Ltd Vs C.S.T. Service Tax (CESTAT Ahmedabad) Facts- The appellant is engaged in providing Construction of Residential Complex & Construction of Commercial Complex Service and Real Estate Service. On the basis of information, an enquiry was initiated. Accordingly, revenue directed the appellant to produce documents/ details and information related to […]

Reasons recorded for reassessment cannot be substituted, added or deleted

April 16, 2022 3087 Views 0 comment Print

It is well established that the reasons recorded by the AO cannot be further be substituted or added or deleted. We are of the view that the reference to market value of the flat as determined by stamp duty valuation authority also cannot justify initiation of reassessment proceedings under section 147 of the Act, as the validity of reassessment has to be tested only on the basis of reasons recorded by the Assessing Officer before issuing notice under section 148 of the Act and those reasons cannot be further improved.

Set off of excess utilization of fund & accumulation of income is permissible in law

April 16, 2022 4590 Views 0 comment Print

Shri Ram Sharnam Sabha Regd. Vs ITO (ITAT Delhi) Facts- The assesse is a society, engaged in religious and charitable activities. This society is running Ashrams and Medication programmes and was duly granted registration u/s 12AA. The assessee filed its ITR for AY 2016-17 declaring a taxable income of Rs. Nil. The AO noticed that […]

Section 57(iii) Expenditures allowable in spite of denial of Section 11 & 12 benefits

April 16, 2022 2625 Views 0 comment Print

Delhi High Court in the case of DDIT (E) vs Petroleum Sports Promotion Board (Supra) it is clear that in case of a charitable society even if benefit u/s 11 & 12 of the Income Tax Act, 1961 is denied and its income was brought to tax as income from other sources, all relevant expenditures were also to be allowed.

Bonus paid, in lieu of the dividend, disallowed under section 36(1)(ii)

April 15, 2022 5022 Views 0 comment Print

 SRC Aviation Pvt. Ltd. Vs ACIT (Delhi High Court) Facts- The appellant is a private limited company. Sh. Arvind Chadha and Sh. Anoop Chadha are two share-holders and directors holding 50% equity shares each since inception of the company. In the Assessment year 2011-2012, the company has paid bonus of Rs.1 crore each to both […]

Condonation of delay granted as order passed without knowledge of Assessee

April 8, 2022 3822 Views 0 comment Print

Held that condonation of delay in filing appeal granted in the interest of justice as the revenue didn’t refuted the contention of the assessee that he had no knowledge or order being passed.

Liquidation of Corporate Debtor not possible on reason that liquidation value is more than the enterprise value

April 6, 2022 1659 Views 0 comment Print

In re Ramsarup Industries Limited (NCLT Kolkata) Facts- Ramsarup Industries Limited (Corporate Debtor/Corporate Applicant) had approached the Adjudicating Authority of NCLT u/s 10 of the IBC and was admitted to Corporate Insolvency Resolution Process (‘CIRP’) on 08.01.2018. The common order dated 07.04.2022 has been passed by the NCLT Bench while deciding three interim applications together […]

Capital receipts mistakenly offered to tax is a mistake apparent on record

March 30, 2022 1059 Views 0 comment Print

ITAT Held that sales tax subsidy is capital receipt mistakenly offered by the assessee as income is mistake apparent on record. Accordingly, appropriate relief/ refund available to assessee.

AO should exercise Discretionary power as per the rules of reason & justice: HC

March 4, 2022 4122 Views 0 comment Print

Harsh Dipak Shah Vs Union of India (Gujarat High Court) Facts- The writ applicant prayed for waiver of 20% of the pre-deposit essentially on four grounds (i) high pitched assessment (ii) only source of income through Avani Petrochem Pvt. Ltd. (iii) stereo type order passed by the Principal Commissioner and (iv) adverse effect on the […]

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