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Person discharged/ acquitted of scheduled offence there can be no offence of money-laundering as well

December 7, 2022 858 Views 0 comment Print

Madras High Court held that if the person is discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of money-laundering against him.

Foreign tax credit cannot be denied for mere delay in filing Form No. 67

December 6, 2022 2562 Views 0 comment Print

ITAT Mumbai held that mere delay in filing Form No. 67 as per the provisions of Rule 128(9) will not preclude the assesses from claiming the benefit of foreign tax credit in respect of tax paid outside India.

Issuance of order u/s 148 without granting opportunity of personal hearing is untenable

December 6, 2022 2553 Views 0 comment Print

Kerala High Court held that before proceeding to issuance of notice u/s 148 of the Income Tax Act, the procedure contemplated u/s 148A needs to be complied. Matter remanded as opportunity for personal hearing not afforded before issuance of order.

Delay in filing of appeal not justified as notice and order duly communicated

December 6, 2022 2202 Views 0 comment Print

Madhya Pradesh High Court held that show cause notice and order of cancellation of registration duly communicated to the registered person. Hence, filing of belated appeal under section 107 of the GST Act is not condonable.

Scheme of amalgamation allowed as net worth of transferor and transferee company is highly positive

December 6, 2022 1449 Views 0 comment Print

NCLAT Delhi held that application for sanctioning a scheme of Amalgamation is allowed as Net Worth Of Transferor & Transferee Company is highly positive and accordingly it shall be presumed that the secured creditors has no objection to the amalgamation.

Addition towards undisclosed income sustained as claiming gift from husband is afterthought

December 5, 2022 2433 Views 0 comment Print

ITAT Chennai held that assessee already admitted the fact of not disclosing four properties in the books of accounts and thereafter couldn’t explain the source of the purchase of four properties. Claiming that the same is gift from her husband is just an afterthought. Accordingly, additions sustainable.

Bail application rejected as other co-accused application already rejected

December 5, 2022 1416 Views 0 comment Print

Allahabad High Court rejected the bail application as 482 applications filed by other co-accused have already been rejected. Further, the said application is also rejection in absence of merit and substance.

AO needs to apply net profit rate as ordered by Tribunal

December 5, 2022 1155 Views 0 comment Print

Calcutta High Court directed the assessing officer to apply the net profit rate as ordered by the Tribunal to the entire receipts i.e. disclosed and undisclosed.

LTCG exemption claimed by one co-owner is eligible to another

December 5, 2022 3030 Views 0 comment Print

ITAT Ahmedabad held that once similar Long Term Capital Gain offered and exemption claimed by the co-owner is already accepted by the revenue, another co-owner (assessee) entitled for similar relief.

Provisions of u/s 50C of the Income Tax Act is not applicable to buyer of property

December 5, 2022 4233 Views 0 comment Print

ITAT Delhi held that the deemed valuation of Section 50C of the Income Tax Act cannot be invoked as the said section is applicable in the case of seller of the property only while the appellant is a buyer.

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