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Appeal order not maintainable for violation of section 249(4) due to non-payment of admitted tax

June 27, 2023 2097 Views 0 comment Print

ITAT Amritsar held that the appeal order caused not maintainable for violation of section 249(4) of the Income Tax Act for non-payment of admitted tax. Accordingly, the appeal order u/s 250 is caused nullity which will be not maintainable before the Tribunal.

Addition towards trading in penny stock sustained for lack of assistance during appeal proceedings

June 27, 2023 651 Views 0 comment Print

ITAT Ahmedabad sustained the addition on account of trading in penny stock of shell company as assessee failed to attain personal hearing inspite of various occasion.

Section 107 of CGST Act impliedly excluded application of Limitation Act

June 26, 2023 10467 Views 0 comment Print

Kerala High Court held that provisions of section 107 of the Central Goods and Services Tax Act impliedly excluded the application of the Limitation Act. Accordingly, the Limitation Act will apply only if it is extended to the special statute.

Interim protection granted as no Scheduled Offences under PMLA implicated against applicant

June 26, 2023 1365 Views 0 comment Print

Delhi High Court held that interim protection granted as applicant is not named in ECIR and also the applicant is not implicated in any of the Scheduled Offences under Prevention of Money Laundering Act, 2002 (PMLA).

Dissolution Order sustained on failure of promoters to project resolution plan within time

June 26, 2023 690 Views 0 comment Print

NCLAT Chennai held that ‘Order of Dissolution’ sustainable as the ‘Promoters’ failed to project the ‘Resolution Plan’ within the specified time limit.

RVAT: VAT payable on entire consideration charged for food by Chokhi Dhani Resorts

June 26, 2023 912 Views 0 comment Print

Rajasthan High Court held that assessee cannot split up the amount charged for the sale of food and certain services in addition to the food. Hence, VAT is payable on the entire consideration charged for the food.

Direction by CIT(A) in excess of jurisdiction conferred by section 251 is untenable

June 26, 2023 798 Views 0 comment Print

ITAT Delhi held that direction by CIT(A) to AO to take appropriate action for not deducting TDS from the perquisite in respect of interest free loans given to directors and to take appropriate action to tax the perquisites u/s. 17 of the Act is in excess of jurisdiction conferred by section 251 hence deleted.

Addition u/s 68 towards unexplained cash credit unsustainable as cash sales already reflected in P&L

June 26, 2023 6012 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unexplained cash credit unsustainable as cash proceeds already reflected in Profit & Loss account, hence addition u/s 68 will amount to double taxation.

Addition u/s 153A without jurisdiction as no incriminating material found during search

June 26, 2023 1503 Views 0 comment Print

Held that in the absence of any incriminating material found or seized during the course of search and seizure proceedings, the additions made by the AO during the course of reassessment under section 153A of the Income Tax Act are without jurisdiction.

Post existence of PE, expense incurred by PE can be set off against connected income

June 26, 2023 1194 Views 0 comment Print

ITAT Delhi held that as Permanent Establishment (PE) exists, interest income being connected to the PE, has to be treated as business profit under Article 7 of the treaty. Accordingly, expenses incurred has to be set off against the interest income.

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