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Income Tax appeal cannot be adjudicated during continuance of IBC proceedings

August 10, 2022 759 Views 0 comment Print

DCIT Vs Neueon Towers Limited (ITAT Hyderabad) A reading of the provisions under section 13 and 14 of IBC Code along with the decision in Ghanashyam Mishra And Sons (supra), clearly shows that once the proceedings have commenced by institution of application under section 7 or 9 or 10 of the Code, the continuance of […]

Indian Antarctic Act, 2022

August 6, 2022 1326 Views 0 comment Print

Indian Antarctic Act, 2022shall apply to (a) a citizen of India; or (b) a citizen of any other country; or (c) a company, body corporate, corporation, partnership firm, joint venture, an association of persons or any other entity incorporated, established or registered as such under any law in force in India; or

Expenses related to interest income allowable under Section 56

August 5, 2022 2331 Views 0 comment Print

Income from FDRs are treated as income from other sources under Section 56 of the Act. The expenses related to the said interest income earned by the assessee has to be allowed which is permissible under the Statute of law.

Tax exempt on Compensation for RCC structure forming part of Farm Land

August 5, 2022 651 Views 0 comment Print

A. Nagarajan Vs ITO (ITAT Chennai) Upon careful consideration of factual matrix, it emerges that the assessee’s land has been acquired by NHAI for which the assessee has been compensated at certain rates. On one of the parcels of land, a farm house is situated for which separate compensation has been paid. The primary argument […]

Payment for Scrap cannot be disallowed for mere non-matching with Form 26AS

August 4, 2022 507 Views 0 comment Print

Jai Balaji Industries Limited vs DCIT (ITAT Kolkata) The assessee has pointed out that it has made advance payment of Rs.9,39,708/- to Tata Metaliks DI Pipes Limited for purchase of scrap materials. This claim of the assessee has been rejected by the Revenue Authorities on the ground that this exact amount is not discernable from […]

No Section 54F exemption on House purchased by Wife from her fund

August 4, 2022 1239 Views 0 comment Print

Dilip B. Mundada Vs DCIT (ITAT Pune) Jurisdictional High Court and other Hon’ble High Courts and ITAT Pune have held that for availing the benefit of deduction u/s 54F the new asset shall be purchased in the name of the assessee. Applying the said proposition of law to the present case, we hold that the […]

Section 271AAB penalty not imposable if no Search Conducted on Assessee

August 4, 2022 708 Views 0 comment Print

A perusal of Section 271AAB would reveal that it is applicable where search has been initiated under section 132 of Income Tax Act

Section 148 | Writ Court Cannot Interfere at Notice stage if AO followed due procedures

August 4, 2022 2907 Views 0 comment Print

Midland Microfin Ltd. Vs Union of India and others (Punjab and Haryana High Court) Whether at this stage of notice under Section 148, writ Court should venture into the merits of the controversy when AO is yet to frame assessment/reassemment in discharge of statutory duty casted upon him under Section 147 of the Act Admittedly […]

Multiplicity of Proceedings Not In Larger Public Interest: SC

August 4, 2022 1437 Views 0 comment Print

SC of the opinion that multiplicity of the proceedings will not be in the larger public interest. We may hasten to add that the concerned States have no objection for abiding with such dispensation.

HC Transfers Matrimonial Case – Follows principle of ‘showing leniency towards wife’

August 4, 2022 984 Views 0 comment Print

Smt. Sandipa Gupta (Bhowmick) @ Sandipa Bhowmick Vs Sri Suraj Gupta (Calcutta High Court) Admittedly, the husband has filed a Matrimonial Suit against the petitioner/wife for divorce on the ground of cruelty. The wife is now residing with her widow mother at Siliguri which is at a distance of more than 100 kilometers from Coochbehar. […]

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