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No Violation of IBC when appointment of process advisors in CIRPs was approved by CoC

February 17, 2023 1893 Views 1 comment Print

The Code casts important duties on a resolution professional to carry on the business of the corporate debtor during the insolvency resolution process and to resolve the corporate debtor in accordance with the provisions of the Code. The Resolution Professional can also appoint such professionals as he deems necessary for this purpose. The Code also […]

UPVAT on bottles in the form of pat pre-form of plastic bottles

February 17, 2023 996 Views 0 comment Print

Commissioner Commercial Tax U.P. Vs Varun Beverages Ltd. (Allahabad High Court) The short controversy before this Court is that as to whether pat pre-form of plastic bottles which are supplied by the assessee who is manufacturer to various dealers is liable to be taxed @ 4% as mentioned in Schedule-II Part C Entry No.174 of […]

Section 11 exemption cannot be denied to trust if Audit Report filed before completion of assessment

February 17, 2023 2517 Views 0 comment Print

DCIT (Exemptions) Vs Nabajuga Educational And Charitable Trust (ITAT Cuttack) At the outset, if the return filed on 31.10.2018 was not accompanied by the audit report, then it was incumbent upon the revenue to issue notice u/s.139(9) of the Act to treat the return filed by the assessee as defective. Admittedly, this has not been […]

No section 69A addition for denial of section 80G deduction   

February 16, 2023 1548 Views 0 comment Print

Batuk Vithalabhai Donga Vs ITO (ITAT Rajkot) If addition under section 80U is not made under section 68 or 69, then tax cannot be imposed under section 115BBE Assessee has not challenged the additions made by the AO under section 80U and 80G of the Act, but has only challenged the computation of tax liability […]

Section 54 Exemption- Allotment Letter date can be treated as Acquisition date

February 16, 2023 5319 Views 0 comment Print

Allotment letter by builder is date of acquisition of property as period of holding for determining whether capital asset is a long-term or a short-term

Purchases/Sales suppression cannot be based on ‘Eye Estimation’ of Stock

February 16, 2023 2973 Views 0 comment Print

HC held that there cannot be an automatic enhancement of taxable turnover on the basis of eye estimation by the Assessing Officer

ITAT allows foreign tax credit as assessee submitted letter by Tax authorities

February 16, 2023 723 Views 0 comment Print

Ashok Madhav Rao Vs ADIT (ITAT Mumbai) In this case only reason why the foreign tax credit was denied to the assessee is that the assessee submitted the certificate of his employer and without submitting any detail of the payment of taxes in Netherlands. Now, we find that claim of the assessee is now supported […]

CESTAT allows refund/recredit of excess reversal of Cenvat Credit

February 16, 2023 486 Views 0 comment Print

CESTAT held that giving options for availing a particular option is procedural requirement and on failure of same, assessee cannot be deprived of choosing any of option available in Rule 6(3)

TDS credit not allowable if Corresponding Income was not Offered to Tax

February 16, 2023 19473 Views 0 comment Print

Assessee not eligible of amount of TDS deducted on amount of advance received by assessee as corresponding income was not offered to tax.

Section 244A interest eligible on refund of self-assessment tax

February 16, 2023 7230 Views 0 comment Print

If refund arises because of self-assessment tax, which falls in realm of expression `any other case’, the same gets covered within purview section 244A(1)(b), thereby entitling assessee to interest thereon.

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