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ITAT restores appeal to CIT(A) & directed to consider incriminating material found during search

October 18, 2022 933 Views 0 comment Print

Dy.C.I.T Vs Ashok Developers & Builders Ltd (ITAT Hyderabad) It is an admitted fact that a search & seizure operation took place in the premises of the assessee on 18.02.2016 and certain incriminating documents were found and seized. We find the AO in the order passed u/s 143(3) r.w.s. 153A of the Act determined the […]

AO cannot scrutinise Income Tax return without issuing section 143(2) notice

October 18, 2022 792 Views 0 comment Print

AO cannot scrutinise Income Tax return without issuing section 143(2) notice and  order without such notice suffers from patent irregularity and it cannot be made a foundation for subsequent proceedings either 263 or any other proceeding.

Guidelines on Establishment & Closure of Liaison Office in India by Insurance Company registered outside India

October 17, 2022 2169 Views 0 comment Print

Overseas Insurer applying for opening of LO should have a financially sound track record. A profit making track record during the immediately preceding three financial years in the home country and net worth of not less than USD 65 million shall be the minimum requirement for applying for opening a Liaison office in India.

Section 54 exemption cannot be denied to HUF merely for purchase of property in the name of member

October 17, 2022 8121 Views 0 comment Print

ITO Vs Shri Ramesh Kumar (HUF) (ITAT Bangalore) It should be kept in mind that the Hindu Law does not recognize a joint Hindu family or coparcenery as a juristic personality capable of holding property and as an entity separate from the members of the family. The true position in law is that all the […]

GST Registration cannot be cancelled by Infraction of Rule 25 of CGST

October 17, 2022 1959 Views 0 comment Print

Balaji Enterprises Vs Principal Additional Director General, Directorate General of GST Intelligence & Ors. (Delhi High Court) A perusal of the SCN would reveal, that there is next to nothing stated, as to the reason why the concerned authority proposed the cancellation of registration. As a matter of fact, the concerned authority, ironically, put the […]

HC upheld ITAT order attributing 15% of revenue to PE in India of Travelport L.P. USA

October 17, 2022 1701 Views 0 comment Print

CIT-International Taxation Vs Travelport L.P. USA (Delhi High Court) Learned counsel for the Appellant-Revenue states that the ITAT has erred in holding that only 15% of the revenue is attributable to the assessee’s PE in India by mechanically applying the ratio of the judgment of DIT vs. Galileo International Inc., (2009) 180 Taxman 357 (Delhi) […]

AAR cannot Rule on sufficiency of tender document/LOA as address proof

October 16, 2022 888 Views 0 comment Print

In re Konkan Railway Corporation Limited (GST AAR Odisha) Whether separate registration is required in Odisha state? If yes, whether E-tender document/LOA would suffice as address proof since nothing else is with the Applicant and service recipient will not provide any other proof? Ans: Yes, the Applicant having its principal place of business in Maharashtra […]

HC deletes penalty on cash loan taken by Dimpal Yadav from Samajwadi Party

October 16, 2022 1950 Views 0 comment Print

CIT Vs  Dimpal Yadav (Allahabad High Court) In the instant case, we find that the Tribunal has given a categorical finding that the assessee had established a reasonable cause for failure to comply with the provision of Section 269SS of the Act. The Tribunal further found that the loan given by the Samajwadi Party was […]

Deduction with respect to provisions made against trade debtors

October 16, 2022 1431 Views 0 comment Print

Vidras India Ceramics Pvt. Ltd. Vs D.C.I.T. (ITAT Ahmedabad) The controversy that needs to be addressed so as to whether the assessee is eligible for deduction with respect to the provisions made against the trade debtors in pursuance to the explanation 1 to clause (vii) of section 36(1) of the Act. As per the explanation […]

Third edition of the IFRS for SMEs Accounting Standard

October 16, 2022 1515 Views 0 comment Print

To contribute to standard setting at international level, Exposure Draft of third edition of IFRS for SMEs Accounting Standard issued by IASB.

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