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Reason to believe for conduct of search, is not required to be disclosed

July 16, 2022 3735 Views 0 comment Print

PDIT Vs Laljibhai Kanjibhai Mandalia (Supreme Court of India) Held that, in terms of the explanation inserted by the Finance Act, 2017 with retrospective effect from 1.4.1962, search conducted on the reason to believe is not required to be disclosed to any person or any authority or the appellate tribunal. Facts- The assessee provide loan […]

Appointed liquidator can be changed: NCLAT

July 16, 2022 5616 Views 0 comment Print

Held that conjoint reading of section 33 of IBC with section 16 of the General Clauses Act, 1897 would show that the authority which has power to appoint a person, equally has the power to suspend or dismiss that person.

HC grant Bail to CA in case of alleged negligence in stock audit & Fraud

July 16, 2022 7392 Views 0 comment Print

Since the ex-promoters/directors and similarly situated chartered accountants have been granted bail, there is no reason why the Applicant should be treated any differently. Bail granted

Purpose & object remained same after amendment to object clause, cancellation of Trust registration unjustified

July 16, 2022 7647 Views 0 comment Print

Held that even after amendment to the object clause, there is absolutely no change to the purpose and object of the trust. Cancellation of the registration granted u/s 12A unjustified.

Ownership of goods post let export order is with importer: CESTAT

July 16, 2022 2391 Views 0 comment Print

Held that Appellant lost the ownership of the goods as soon as let export order was issued and hence Appellant cannot be held responsible if the importer situated at Iran had given instruction to change the port.

50% additional depreciation u/s 32(1)(iia) allowed in subsequent AY

July 16, 2022 4974 Views 0 comment Print

Held that assessee can claim remaining 50% depreciation in subsequent year in case where machinery and plant being acquired and put to use for less than 180 days in the previous year, the depreciation was restricted to 50%.

Offence committed by firm is also an offence committed by partners

July 16, 2022 4278 Views 0 comment Print

Held that if an offence committed by the firm, is also an offence committed by the partners, it cannot be bifurcated as partners and the firm

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

July 16, 2022 855 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 1947 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 2184 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

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