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Delhi HC admits WP staying special audit under Income Tax

October 5, 2021 1266 Views 0 comment Print

India Yamaha Motor Private Limited Vs PCIT (Delhi High Court) Writ of India Yamaha Motor (P) Ltd., Hon’ble Delhi High Court has admitted the Writ and has stayed the operation of letter of direction and order for special audit u/s 142(2A) of the Income Tax Act, 1961, as the same were issued in violation of […]

Registration of Family Settlement Document Which Merely Records Past Transaction is not Compulsory: SC

October 1, 2021 9516 Views 0 comment Print

Korukonda Chalapathi Rao & Anr. Vs Korukonda Annapurna Sampath Kumar (Supreme Court of India) In the facts of this case, the contention of the appellants is that the Kharurunama dated 04.1986 merely sets out the arrangement arrived at between the brothers which is the family arrangement and it was a mere record of the past transaction and […]

Section 68 addition unsustainable if department accepted factum of repayment

September 25, 2021 4212 Views 0 comment Print

DCIT Vs Singhania Buildcon Pvt. Ltd. (ITAT Raipur) 1. AO has not made any attempt to rebut the claim of the assessee. The confirmations were filed by the assessee to support the factual position. The assessee has placed the facts which are apparent in nature for which no rebuttal has been done. 2. The Hon’ble […]

Section 148 notice invalid for reassessment initiated based on incriminating material

September 21, 2021 8331 Views 0 comment Print

On the basis of incriminating material found, once reassessment proceedings was initiated on the basis of incriminating material found in the search of 3rd party then the provisions of section 153C of the I.T. Act were applicable which exclude the application of section 147 and 148 of the I.T. Act and notice u/s. 148 of the Act and proceeding u/s. 147 are illegal and void ab initio

SC ruling on interest chargeability under section 234B

September 17, 2021 8877 Views 1 comment Print

Director of Income Tax Vs Mitsubishi Corporation (Supreme Court of India) 1. In the judgment delivered by the Supreme court today on chargeability of interest u/s 234B it is held that prior to the financial year 2012-13, the amount of income-tax which is deductible or collectible at source can be reduced by the assessee while […]

Agreement Vs. Stamp Duty Value : ITAT discusses Scope of exception to section 56(2)(vii)(b)(ii)

September 16, 2021 12534 Views 0 comment Print

Joseph Mudaliar Vs DCIT (ITAT Mumbai) Addition u/s 56(2)(vii)(b) on difference in value in respect of the subject properties where declared sale consideration shown by the assessee is lesser than the stamp duty value (market value) determined by the stamp duty authority Addition u/s 56(2)(vii)(b). The difference in value in respect of the subject properties […]

Calcutta HC directs CBDT to dispose Representation made U/s 194O

September 15, 2021 2289 Views 0 comment Print

Mjunction Services Ltd. Vs Union of India (Calcutta High Court) HC directs CBDT to dispose the representation made U/S 194O: A single judge bench of the Calcutta High court on hearing the writ petition filed by the Mjunction Services Ltd.directed the Central Board of Direct Taxes (CBDT) to consider and dispose the representation regarding section […]

Madras HC stays GST exemption on RWA contributions

September 14, 2021 11136 Views 0 comment Print

Madras High Court stays single-Judge ruling on GST exemption for RWA contributions upto ₹ 7,500. No exemption is applicable when the monthly contribution exceeds ₹ 7,500, the Centre told the Court.

SC upheld CGST rule 89(5) validity

September 13, 2021 8754 Views 1 comment Print

Union of India & Ors. Vs VKC Footsteps India Pvt Ltd. (Supreme Court) The Apex Court Sets aside the order of Gujarat HC and upheld the order of Madras HC. Although the Hon’ble Court has noted some anomalies and suggested the GST Council to look into the same. Background:  (Gujarat High Court) The Division Bench […]

SC Ruling On Section 14A -Keep Tax System Convenient & Simple

September 9, 2021 4002 Views 1 comment Print

South Indian Bank Ltd Vs Commissioner of Income Tax (Supreme Court of India) 1. For purposes of 14A, a presumption can be made that investments have been made out of interest free funds even when there are mixed funds and there is no bifurcation in books of accounts for interest expense. 2. It needs to […]

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