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Balance Sheet not signed by Directors: MCA Imposes Rs. 4 Lakh Penalty

August 2, 2022 3108 Views 0 comment Print

The breach relates to the absence of signatures from any directors on the company’s Balance Sheet for the fiscal year ending March 31, 2021. Following a hearing, penalties were levied: the company was fined Rs. 3,00,000, while each director, Mr. Veerendra Kumar Vishwakarma and Ms. Neelam Gautam, faced fines of Rs. 50,000 each.

Mere non availability of stock register not sufficient to reject trading results

August 2, 2022 1473 Views 0 comment Print

Mere non availability of stock register cannot be sufficient to reject trading results when the audited final accounts and other sources including the VAT data are available to cross verify the trading results including the sales verification.

Additional depreciation not eligible on capitalization of forex loss

August 1, 2022 756 Views 0 comment Print

Daeseung Autoparts India Pvt.Ltd Vs ACIT (OSD) (ITAT Chennai) We have gone through reasons given by the Assessing Officer to reject additional depreciation on capitalization of forex loss in light of provisions of section 32(1)(iia) of the Act, and we ourselves do not subscribe to the arguments advanced by the learned counsel for the assessee […]

Order having penal or civil consequences cannot be passed without complying with principles of natural justice

August 1, 2022 1494 Views 0 comment Print

Himanshu Gupta Vs Vs. Narayana Reddy (Karnataka High Court) In terms of Section 421 of the Cr.P.C., a fine can be recovered in a manner as depicted hereinabove. Therefore, non-payment of compensation ensues dire consequences. The scheme of the provision being thus, though no application is filed, the Court may grant interim compensation, but it […]

Rural Advances shown in HO accounts eligible for deduction u/s 36(1)(viia)

August 1, 2022 1923 Views 0 comment Print

ACIT Vs Dharmapuri District Central Co-operative Bank Ltd. (ITAT Chennai) The material facts are that during assessment proceedings, the assessee’s claim of deduction u/s 36(1)(viia) was examined by Ld. AO. As per the statutory provisions, the assessee was entitled to claim deduction for an amount not exceeding 7.5% of total income and an amount not […]

Section 263 order justified if AO failed to rightly compute Capital Gain on Sale of Land

August 1, 2022 345 Views 0 comment Print

Dhanalakshmi Mills Ltd. Vs DCIT (ITAT Chennai) Admittedly, the Assessing Officer has caused necessary inquiries with regard to computation of long term capital gain derived transfer of property and has computed capital gain by taking into account cost of acquisition claimed by the assessee without disturbing consideration received from transfer of property, even though, there […]

Tax on Surplus from conducting conference of CSI

August 1, 2022 837 Views 0 comment Print

ITO Vs 67th Annual Conference of CSI-2015 (ITAT Chennai) ITAT noted that the payments made by the assessee entity in accordance with bye-laws / specific purpose for which it was constituted and the AO has not disputed the nature of contribution made by assessee or the receipts transferred being directly in nexus with the income […]

No delay in appeal filing if order not been served on Assessee

August 1, 2022 1788 Views 0 comment Print

Koshambh Charitable Trust Vs ACIT (ITAT Ahmedabad) We have given our thoughtful consideration and perused the materials available on record, as well as the Paper Book filed by the assessee. As it can be seen from page no. 32 of the paper book which is the screenshot of the Income Tax portal wherein for the […]

No addition for Typographical Error in Share Valuation Report

July 29, 2022 537 Views 0 comment Print

Sara Investments Vs ACIT (ITAT Delhi) The contentions of the assessee are that the assessee firm was holding less than 10% of shares in SSPL. It had paid for 9.38% of the shares only which are held in the name of partner Mr. V.K. Dhawan and the partners are holding the shares in their personal […]

Enhancement of income without giving any opportunity of hearing not valid

July 29, 2022 483 Views 0 comment Print

Mayank Kumar Garg Vs ITO (ITAT Delhi) It was submitted by the ld Counsel for the Assessee that the addition of Rs. 16,82,836/- has been made without giving any opportunity of hearing for enhancement of the income. The ld DR could not controvert this arguments. In the light of the aforesaid irregularity and violation of […]

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