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Capitalisation of expenditure in real estate companies not permissible without dispute of genuineness of the same as it is revenue neutral

November 3, 2022 2130 Views 0 comment Print

CIT Vs Somnath Buildtech Pvt. Ltd. (Delhi High Court) The Revenue in these proceedings admits to the genuineness of the expenditure. There is also no dispute that the Assessee is bound to draw up its Profit and Loss account and balance sheet in compliance with the accounting standards of the ICAI. The learned counsel for […]

Analysis of SC verdict on allowability of delayed payment of Employee PF Contribution

October 13, 2022 16944 Views 1 comment Print

Explore the impact analysis of the recent Supreme Court verdict in Checkmate Services Pvt Ltd vs CIT-1 on the treatment of delayed Employee PF Contribution payment under the Income Tax Act. Understand the background, adjustments in summary proceedings, Finance Act 2021 amendments, and the way forward for ongoing litigation.

Section 80(I) deduction eligible on Interest on delayed payment from debtors

September 29, 2022 1533 Views 0 comment Print

The controversy revolves around the word ‘derived’ and the word ‘industrial undertaking’. The question is whether the interest paid on delayed payments form part of profits and gains derived from an industrial undertaking?

HC quashed Section 148 Notice for not recording valid section 151 satisfaction

September 8, 2022 10668 Views 1 comment Print

Vikas Gupta Vs Union of India (Allahabad High Court) Important recent update on landmark Allahabad high court ruling in cases of Vikas Gupta & others vs UOI order dated 08 Septmber  2022 on fatal impact of lack of  Mandatory requirement of valid sec 151 approval on part of approving authority Held quashing notices u/s 148 […]

Amendment of Section 14A For Removal of Doubts Is Held to Be Prospective Subject to Final Decision by SC

July 22, 2022 3384 Views 0 comment Print

Delhi high court negating dept stand about  retrospective amendment plea for sec 14A explanation added by finance act 2022 in authors opinion it should  ably address the much created confusion from revenue side.

CIT(A) bound to consider stay petitions & decide the same by speaking order

May 19, 2022 2835 Views 0 comment Print

Know Telangana High Court’s decision on stay petitions filed by APR Jewellers Pvt. Ltd. against CBDT circulars. Stay granted pending appeal.

HC direct Tax dept to maintain judicial discipline & follow doctrine of binding precedent

May 7, 2022 3246 Views 0 comment Print

HC direct the respondents to maintain judicial discipline and follow the doctrine of binding precedent and be careful in future, having due regard to the authorities of the Court, keeping in mind the judicial propriety and discipline.

Mere digitally signing the notice is not the issuance of notice

March 16, 2022 5556 Views 2 comments Print

Daujee Abhushan Bhandar Pvt. Ltd Vs Union of India (Allahabad High Court) Considering the provisions of Section 282 and 282 A of the Act, 1961 and the provisions of Section 13 of the Act, 2000 and meaning of the word “issue” we find that firstly notice shall be signed by the assessing authority and then […]

Jurisdictional Condition Must Be Satisfied to Justify Notice for Reopening

March 2, 2022 1014 Views 0 comment Print

HDFC Bank Ltd. Vs ACIT (Bombay High Court) Bombay high court exposing serious flaw in reopening under section 148 in HDFC case (significance of tangible material for formulation of valid belief , fatal impact of difference  in the  reasons recorded on file and reasons placed for statutory  approval  under section 151 etc. “30. The position […]

Delhi HC Granted Stay for Notice issued on the basis of Approval from Incompetent Authority

March 2, 2022 687 Views 0 comment Print

Nandita Sikka Vs Income Tax Officer (Delhi High Court) Learned counsel for the petitioner states that the impugned notice has been issued without approval of the competent authority as per Section 151 of the Act. He states that the approval has not only been obtained from an incompetent authority but has also been obtained after […]

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