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No Disallowance u/s 14A for interest if non-interest-bearing funds exceeds investments in tax-free securities

October 11, 2021 2841 Views 0 comment Print

Disallowance could not be made on interest for earning exempt income under section 14A as assessee had available, non-interest-bearing funds larger than the investments made in tax- free securities.

No bail to assessee for alleged of wrongful availment of ITC by fictitious transactions

October 8, 2021 1914 Views 0 comment Print

Assessee who alleged of wrongful availment of Input Tax Credit (ITC) on the basis of fictitious transactions worth Rs. 258 Crores was not entitled to get default bail as the complaint had been filed within 60 days of their arrest which was within the time prescribed for filing of complaint to entitle or disentitle the accused persons for default bail.

HC upheld reopening of computation of surcharge for earlier periods based on binding judgment

October 5, 2021 669 Views 0 comment Print

AO was justified to reopen the computation of surcharge for the periods 2000-01, 2001-02 and 2002-03 as re-computing the tax payable to give effect to the judgment of the Supreme Court, which the authorities were bound to do, could not be termed illegal. 

No addition on account of late deposits of employees contribution of ESI, PF if paid prior to filing of ITR.

October 5, 2021 3660 Views 0 comment Print

Addition on account of deposits of employees’ contribution of ESI and PF prior to the filing of return of income u/s 139(1) could not be disallowed under section 43B read with section 36(1)(va) if the same was prior to the amendment made by the Finance Act, 2021 w.e.f. 1.4.2021 vide Explanation 5.

Due date for Aadhaar number seeding with UAN extended by Delhi HC till 30.11.2021

October 4, 2021 3120 Views 0 comment Print

High Court while extending the date for mandatory E-Seeding of Aadhar number with UAN  was extended from 30/09/2021 till 30/11/2021 subject to the following of certain interim directions issued.

Denial of exemption u/s 11 would be restricted to amount in violation of provision of section 13

October 4, 2021 5322 Views 0 comment Print

Where there was violation of the provision of section 13, the entire exemption under section 11 would not be denied instead expenditure which could not be treated as application of income and in violation under section 13, same should alone be disallowed.

In a contempt jurisdiction, Court cannot travel beyond original judgment: SC

October 1, 2021 12540 Views 0 comment Print

In a contempt jurisdiction, the court will not travel beyond the original judgment and direction; neither would it be permissible for the court to issue any  supplementary or incidental directions, which were not to be found in the original judgment.

HC asks govt to keep vigil on ‘Rising Frauds in Aadhaar Enrollment’

September 30, 2021 1266 Views 0 comment Print

High Court had refused to quash a FIR registered against a 47 years old entrepreneur, allegedly involved in illegally selling aadhaar cards as issuance of Aadhaar cards by agencies who were not empowered could also lead to the distribution of cards to neighboring countries which was against the interest of national security. It was prudent for the Government of India or the State Government to have a vigil on such instances of rising cases of frauds in Aadhaar enrollment.

No addition u/s 153A in absence of incriminating materials seized at the time of search

September 29, 2021 3462 Views 0 comment Print

Completed assessments could be interfered with by AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. No addition could  be made under Section 153A as the cases of respondents were of non-abated assessments.

GST: HC releases vehicle & Goods confiscated on mere suspicion

September 28, 2021 3453 Views 0 comment Print

Court ordered the release of Vehicle, mango kernel oil, mahua oil, rice bran oil confiscated under section 130 of CGST Act, 2017 as mere suspicion was not sufficient to invoke the provision of the confiscation.

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