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Addition of CSR Expenses to book profit disclosed in audited accounts not justified

August 10, 2022 2139 Views 0 comment Print

Addition of CSR expenses to book profit under section 115JB was not justified as AO or assessee, none could tinker with book profit disclosed in audited account and once the accounts had been prepared in accordance with standards in this regard, this tinkering by AO had no sanction of law.

No addition for bogus purchase on borrowed satisfaction from VAT Dept. without proper examination

August 4, 2022 1743 Views 0 comment Print

Addition of bogus purchase by AO was not justified on borrowed satisfaction from the Value added tax (VAT) department without proper cross-verification.

Bidder cannot request for conversion into sale as a going concern after accepting Corporate Debtor in slump sale

August 2, 2022 966 Views 0 comment Print

Once a successful bidder had accepted and purchased the Corporate Debtor in slump sale under IBC, the bidder could not request to convert that sale into a sale of Corporate Debtor as a going concern from slump sale as it would affect the rights of members of the stakeholders’ committee prejudicially .

Provisions of ESI Act applicable to BCCI as its activities are commercial in nature

July 9, 2022 1137 Views 0 comment Print

Since the nature of activities conducted by the Board Of Control for Cricket in India were commercial activities, therefore, the appellant Board was covered by the provisions of ESIC Act and was liable to pay ESI contribution on the wages paid to the coverable employees.

No reference to Arbitration unless clear unequivocal denial of a right

July 9, 2022 1788 Views 0 comment Print

There was no right to apply for reference of a dispute to arbitration until there was a clear and unequivocal denial of the right asserted by one party by the other.

Corporate Insolvency Process initiated against Trident Sugars LTD

July 8, 2022 1197 Views 0 comment Print

Corporate Insolvency Resolution Process (CIRP) was initiated against Trident Sugars Ltd. and had appointed Mr. Medi Yadaiah as the Interim Resolution Professional (IRP) as the Corporate Debtor had neither paid the balance amount nor raised any dispute in respect of the quantity or the amount at any point of time.

Disallowance u/s 40(a)(i) justified if assessee failed to deduct TDS

July 8, 2022 1005 Views 0 comment Print

Penta Media Graphics Ltd Vs DCIT/ACIT (ITAT Chennai) Disallowance u/s 40(a)(i) justified if assessee failed to deduct TDS on payment for software development consultancy charges to foreign companies. Conclusion: Since assessee had not deducted TDS under section 195 on payment for software development consultancy charges was made to foreign companies and failed to file any […]

No capital gain on sale of agricultural land after conversion in NA Land if used for Agriculture even after conversion

July 7, 2022 28335 Views 0 comment Print

Even though the agricultural land was converted for non-agricultural purposes, but cultivation of land continued till the date of sale of the land. Thus, the land should have been treated as agricultural land and exempt from capital gain in view of section 2(14).

Section 9 – A&C Act – Specific performance of contract cannot be directed

July 6, 2022 2424 Views 0 comment Print

Power under Section 9 could only be exercised for preservation of the subject matter of the dispute till the decision of the Arbitral Tribunal and scope of relief under Section 9 of the Arbitration and Conciliation Act, 1996 Act could not be extended for directing specific performance of the contract.

No addition on basis of assessee debited service tax in P& L account however not credited receipts in its books.

July 5, 2022 612 Views 0 comment Print

Mere fact that assesse had separately debited service tax in it profit and loss account and not credited the same in its profit and loss account could not be the reason or basis for stating that assessee had not credited these receipts in its books as it was to be presumed included in the sales price.

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