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Section 271(1)(c) penalty not leviable if Specific Charge not mentioned in Notice

July 13, 2022 1161 Views 0 comment Print

Assessee must be informed of the grounds of the penalty proceedings only through statutory notice and an omnibus notice suffers from the vice of vagueness.

Before 01.04.2017 assessee can set off loss against Section 115BBE income

July 12, 2022 4365 Views 0 comment Print

Heera Kerala Developers Pvt. Ltd. Vs ACIT  (ITAT Cochin) After hearing the rival submissions we observe from the assessment order passed under Section 143(3) of the Act that there was an addition made by the AO under Section 68 of the Act to the tune of Rs.71,66,000/-which has been set off from the returned loss […]

Landlord entitled to compensation From Tenant on stay of Execution of Decree of Eviction: SC

July 12, 2022 7245 Views 0 comment Print

After passing decree of eviction tenancy terminates and from that date landlord is entitled for mesne profits or compensation depriving him from use of premises.

Scolding Employee to Maintain Office Discipline not an offence under IPC

July 12, 2022 6690 Views 0 comment Print

When an employee is scolded just with a view to maintain office discipline and out of fear or being hyper­sensitive, if an employee commits suicide, that would not constitute an offence attracting provisions of Section 306 of Indian Penal Code as the action taken by the employer was in good faith to maintain office discipline.

GST on Mining Royalty: Rajasthan HC Grants Interim Protection

July 12, 2022 4308 Views 0 comment Print

Shree Basant Bhandar Int Udyog Vs Union of India (Rajasthan High Court) This bunch of writ petitions primarily involves the issue of permissibility of raising demand of GST on royalty. The petitioners in these petitions have challenged the notifications whereby, royalty paid by them on mining activity is being subjected to GST and/or notices issued […]

Income Tax Appeal not maintainable after declaration of moratorium under IBC

July 10, 2022 2301 Views 0 comment Print

Twinkle Enviro Tech Pvt. Ltd. Vs ITO (ITAT Mumbai) At the outset, we find that assessee’s case has been referred to Hon’ble National Company Law Tribunal (NCLT) for Insolvency Resolution Process and an Interim Resolution Professional (IRP) has been appointed in the assessee company. In view of the order passed by the Hon’ble NCLT, we […]

HC restrains Rogue Websites from Illegally live streaming various sporting events

July 10, 2022 516 Views 0 comment Print

Culver Max Entertainment Private Limited Vs F1.mylivecricket.live and Ors (Delhi High Court) Defendants No. 1 to 39 are said to be rogue infringing websites engaged in the business of uploading pirated and unlicensed content. Among the various illegal acts done by them is the live streaming of various sporting events. Unauthorized communication/ broadcast to public […]

ITAT restricts disallowance of Car expenses to 15% for personal use

July 10, 2022 4278 Views 0 comment Print

Jaykumar Mangilal Nagori Vs ITO (ITAT Pune) It is indisputable that the assessee could not lead any evidence to demonstrate that the user of the car was restricted only to business purposes and did not percolate for personal use. Even the auditor has also mentioned that the personal element in vehicle expenses could not be […]

Customs Broker cannot be penalised in violation of basic principles of natural justice

July 10, 2022 807 Views 0 comment Print

JKG associates Pvt. Ltd vs union of India & Ors (Calcutta High Court) Petitioner challenges the impugned action imposing the aforesaid penalty on the ground that the same is not sustainable for the reason of non-compliance of the formalities under Regulation 17 by which respondent Commissioner of Customs was required to issue a notice in […]

TDS provisions not applicable to late fee and service tax

July 10, 2022 504 Views 0 comment Print

Since, the said amount pertains to late fee and service tax, therefore the provisions of TDS does not apply to the late fee and service tax, hence we delete the addition of Rs.10,48,125/-, made by the Assessing Officer.

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