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Petition admitted which challenged issuance of two adjudication order against single notice

July 22, 2022 750 Views 0 comment Print

Delhi High Court admitted a petition through which two adjudication orders based on a single show cause notice was challenged. Also held that no coercive measures will be taken against the petitioners, in pursuance of the aforementioned adjudication orders.

Sanction u/s 278B mandatory for prosecuting a person for offence u/s 276CC

July 22, 2022 4089 Views 0 comment Print

Held that the department cannot proceed against a person found liable to prosecute him for the offence under Section 276CC of the Income Tax Act, 1961 without sanction under section 278B.

Developer engaged in development of infrastructure facility eligible to claim deduction u/s 80IA(4)

July 22, 2022 1725 Views 0 comment Print

Held that merely because the assessee is referred as a contractor in the agreement, it doesn’t detract the assessee from the position of being a developer, nor will deprive the assessee from claiming deduction under Section 80IA(4) of the Act.

Categorizing donation as anonymous is unsustainable when donor’s identity is established

July 22, 2022 1134 Views 0 comment Print

Held that identity of the donors as provided u/s 115BBC of the Act has been established by the assessee. Accordingly, the donations cannot be categorized as anonymous donations and cannot be subjected to tax.

Exercising revisionary power u/s 263 in casual arbitrary manner is unsustainable

July 22, 2022 486 Views 0 comment Print

Held that for invoking revisionary power u/s 263 it is necessary to point out the error in the order and that too such an error should be prejudicial to the interest of the revenue

Once identity & creditworthiness of investors is established addition u/s 68 unsustainable

July 21, 2022 1032 Views 0 comment Print

Held that as identity and creditworthiness of the investors is established, merely because of delay in transferring of the shares to the prospective investors, the amount cannot be treated as unexplained investment u/s 68.

Section 54F Deduction available on reinvestment in twin residential units

July 21, 2022 5076 Views 0 comment Print

Held that a residential house for the purpose of section 54F(1) deduction can indeed cover multiple units in same or different towers or residential blocks

GST demand based on promotion of business on social media – HC directs petitioner to Approach Appellate Authority

July 21, 2022 2241 Views 0 comment Print

Held that information available on the social media platform of petitioner shows that the event were conducted. Petition dismissed giving liberty to the Petitioner to approach the Appellate Authority.

Duty equal to cenvat credit availed not payable on capital goods cleared after put to use

July 21, 2022 1809 Views 0 comment Print

Held that the machines which are cleared after utilization cannot be treated as machines cleared as such. Accordingly, duty equal to cenvat credit not payable as prescribed under rule 3(5) of CCR, 2004

Pending government dues cannot be recovered from property leased to assessee

July 21, 2022 2262 Views 0 comment Print

Held that it is settled that the government dues against the assessee cannot be recovered from the owner of the property which was leased out to the assessee against whom the dues are pending

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