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Defined of relative cannot be imported into Income Tax Act from Senior Citizens Act

July 28, 2022 1788 Views 0 comment Print

Statutory definition of relative u/s 2(g) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be imported under Section 2(41) and Section 56 of Income Tax Act, 1961 when both the Acts define the term differently.

Cess being part of the tax is not allowable as deduction u/s 40(a)(ii)

July 27, 2022 2811 Views 0 comment Print

Held that cess forms part of the tax and the same cannot be allowed as deduction by virtue of provisions of section 40(a)(ii) of the I.T. Act

Annuity received by concessionaries towards construction of roads is exempt from GST

July 26, 2022 3048 Views 0 comment Print

Held that circular no. 150/06/2021-GST dated 17.06.2021 clarifying that GST exemption is not available to annuity (deferred payments) received by the concessionaries towards construction of roads is contrary to notification no. 32/2017 and notification no. 33/2017 dated 13.10.2017.

Denial of release of title deeds without any charge is unsustainable

July 26, 2022 1962 Views 0 comment Print

Held that it is not open for the Bank to fasten indirect liability and deny release of title deeds of the property on which there is no charge

Penalty clause for non-payment of entry tax leviable only if delay is caused without any reasonable clause

July 26, 2022 894 Views 0 comment Print

Held that uncleared legal position of payment of entry tax on imported vehicles was cleared on 29.01.2019. As there was reason for delay in payment of entry tax, penalty clause cannot be invoked if the petitioners have paid/ come forward to pay the tax after 29.01.2019.

Provisional attachment order beyond the gamut of chargesheet unsustainable

July 26, 2022 1947 Views 0 comment Print

Held that the impugned proceedings rest on the second chargesheet which bids us to restrict scrutiny upto 04 September 2003 and there is no allegation that any illegal monetary gains were derived or obtained as on 04 September 2003. Provisional order of attachment held illegal.

Permissible possession to developer is not a transfer of property

July 26, 2022 3663 Views 0 comment Print

Held that as per the agreement there was only permissible possession given to the developer and the same cannot be treated as transferred under section 2(47)(4).

Penalty u/s 271D/ 271E deleted on basis of reasonable cause

July 26, 2022 2001 Views 0 comment Print

Held that there was bonafide belief of the assessee that passing journal entries, even though in violation of mode prescribed u/s. 269SS and section 269T, is permissible. Entries done before judgement of Hon’ble Bombay HC in the case of Triumph International. Penalty deleted on the basis of reasonable cause.

TDS deductible by co-operative banks on interest on time deposits only from 01.06.2015

July 26, 2022 1806 Views 0 comment Print

Held that co-operative banks are liable to deduct TDS on payment of interest on time deposits only from 01.06.2015 and not before that.

Assessment orders passed u/s 153A quashed in absence of individual approval u/s 153D

July 26, 2022 1506 Views 0 comment Print

Held that in the present case the approving authority has acted casually and granted the approval u/s. 153D in a mechanical manner without judicious exercise of power. According, approval granted u/s 153D was quashed and consequently the assessment order u/s 153A was also quashed.

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