Addition made under Section 69 on account of the difference in excess stock of 22 Kt Gold and Polki Jewellery was not justified as the total weight of items of 22KT Gold jewelry and 22KT Gold Polki jewelry was 36,943 gms, and as per the estimated value, the difference was merely 113.50 gms, which was 0.32%.
Assessee had not been able to make out a prima facie case in its favour and had a ‘lot to answer’ in the appeal. Assessee’s plea of financial stringency based on its balance-sheet also inspired no confidence as according to AO, the accounts had not been properly maintained, therefore, assessee’s application for stay of demand during the pendency of the appeal before the Commissioner of Income Tax (Appeals) against the assessment order was rightly dismissed.
Addition under section 69A on account of actual cash arranged/paid by assessee to HKA was available with the assessee was not justified as “ownership” of money had not been recorded in the books of account and AO had made only presumption that the said cash was ‘available with the assessee’ without bringing on record any material in support thereof.
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The Dispute Resolution Panel (DRP) order passed without Document Identification Number (DIN) number should be treated as invalid and was contrary to the CBDT Circular No.19/2019 dated 14th August 2019 as it was clear in the body of DRP order, no DIN number was mentioned nor there was any reason of not mentioning the DIN number in order of the DRP.
Deduction under Section 57 was allowable on the cost of funds and proportionate administrative expenses for earning interest income to the extent of Rs.9,05,550/-.
Condonation of 92 days delay due to medical difficulty of officer in charge was allowed as liquidation proceedings were still underway, and the admission of claim which was a statutory dues would not derail/protract the liquidation proceedings in respect of the Corporate Debtor.
Under section 45 of PMLA Act, the extent of involvement of the persons falling in such category in the alleged offences, the nature of evidence collected by the investigating agency etc., would be material considerations.
Service of notice for cancellation of GST registration through e-portal only without physical means was not valid as assessee could not open the e- Portal, due to cancellation of their GST registration and the respondent could expect assessee to know of the issuance of show cause notice or any other communications which were sent through e-Portal.
Since on every occasion the student had diligently sought permission from the Respondent to pursue the course and on every occasion, the student had been permitted to pursue the course. When time came to register her as a Member of the Council to practice as a Chartered Accountant, the Respondent wanted to put the clock back by four years tinkering with the permissions that were already granted from time to time, therefore, High Court issued a mandamus to ICAI to consider addressing the grievance of Petitioner in accordance with law and enrolling her as a Member of the Institute bearing in mind the observations made in the course of the order.
