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Bail granted in absence of grounds to believe that Applicant is guilty

December 19, 2022 3327 Views 0 comment Print

Delhi High Court held that there are reasonable grounds to believe that the Applicant is not guilty of the offence. Further, the Applicant is also not likely to commit any offence while on bail. Accordingly, bail granted.

Interest subsidy is capital receipt hence not taxable

December 19, 2022 4665 Views 0 comment Print

ITAT Kolkata held that interest subsidy received under the amended Rajasthan Investment Promotion Scheme, 2003 is capital receipt and hence the same is not chargeable to tax.

Refund not granted due to limitation of GSTN software is untenable in law

December 19, 2022 1335 Views 0 comment Print

Gujarat High Court held that refund is available under Section 54(6) of the CGST read with Section 91(2) of the CGST Rules however due to limitation of GSTN software the same is not granted. Refund allowed along with interest @6%.

Provisional attachment of bank account released against furnishing of bank guarantee

December 18, 2022 5253 Views 0 comment Print

Gujarat High Court held that it is satisfied that provisional attachment is hindering the continuation of business of the petitioner, hence continuation of provisional attachment not necessary as the interest of revenue can be safeguarded by furnishing of a bank guarantee.

Section 68 not applicable to remittance made by non-resident

December 17, 2022 6708 Views 0 comment Print

ITAT Bangalore held that provisions of section 68 of the Income Tax Act are not applicable to the remittance made in India by non-resident.

‘Security Premium Reserve’ not part of accumulated profits u/s 2(22)(e)

December 17, 2022 7326 Views 0 comment Print

ACIT Vs Bhagwati Coal Movers (P) Ltd. (ITAT Delhi) ITAT Delhi held that the ‘Security Premium Reserve’ cannot be regarded as part of accumulated profits under Section 2(22)(e) of the Income Tax Act. Facts- AO observed that the assessee has obtained loan amounting to Rs.5,52,50,000/- from M/s. Ajmala Stationery Ltd. A part of the loan […]

Jewellery holding up to permissible limits prescribed in CBDT circular is allowable

December 17, 2022 2277 Views 0 comment Print

ITAT Chennai held that addition as unexplained investment for quantity of jewellery within the permissible limits as per CBDT instruction no. 1916 dated 11.05.1994 is unsustainable.

Income from shareholders’ account taxable as life insurance business

December 17, 2022 1881 Views 0 comment Print

ITAT Mumbai held that income from shareholders account is to be taxed as a part of life insurance business as assessee is carrying on only life insurance business.

Expenses charged to farmers for harvesting and transportation of sugarcane not liable to service tax

December 17, 2022 2736 Views 0 comment Print

CESTAT Ahmedabad held that expenses charged to the farmers towards harvesting and transportation of sugarcane is not chargeable to service tax under Manpower Recruitment and Supply Agency Services.

Exemption u/s 10(38) not available in case of LTCG for sale of bogus equity shares

December 16, 2022 7077 Views 0 comment Print

ITAT Kolkata held Long Term Capital Gain (LTCG) for sale of equity shares as bogus and accordingly not eligible to exemption u/s. 10(38) of Income Tax Act, 1961.

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