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

July 14, 2022 1896 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 7017 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 1641 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 1290 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 1584 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 3471 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 1068 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

Provision for expenses is an ascertained liability & eligible for deduction

July 11, 2022 21861 Views 0 comment Print

As per mercantile system of accounting, provision for expenses is an ascertained liability and the same is eligible for deduction while computing total income.

Expenditure disallowed as necessary conditions of revenue expenditure not satisfied

July 10, 2022 1293 Views 0 comment Print

Held that assessee had failed to satisfy the conditions precedent to claim as revenue expenditure, as the expenditure was incurred during the previous year relevant to the assessment year under consideration. Therefore, the claim cannot be allowed as deduction

Disallowance of CSR expense by treating it as capital is unjustified

July 10, 2022 1407 Views 0 comment Print

Held that impugned expenditure cannot be held to be capital and it is not in the nature of personal expenditure or for any violation of law. Disallowance of CSR expenditure unjustified.

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