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Mere reproduction of conclusions of investigation report in own words by AO is borrowed satisfaction

June 22, 2022 1428 Views 0 comment Print

Merely reproducing the conclusions of investigation report in his own words is indeed borrowed satisfaction as contended by counsel for the assessee. Consequently, the Bench is inclined to decide these grounds of cross objection in favour of the assessee.

Claims not forming part of Resolution Plan cannot be made after Approval of Resolution Plan

June 22, 2022 819 Views 0 comment Print

State Bank of India Vs Rohit Ferro Tech Limited (NCLT Kolkata) Once a resolution plan is duly approved by the Adjudicating Authority Under Sub-section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the Corporate Debtor and its employees, members, creditors, including the Central […]

Article 20 & Section 6 of General Clauses Act cannot applied to terms & conditions of a non statutory contract

June 22, 2022 1461 Views 0 comment Print

Drillmec S.P. A Vs Oil India Ltd. (Guwahati High Court) HC observed that provisions contained in Article 20 of the Constitution of India and Section 6 of the General Clauses Act, 1897 cannot be readily read into and applied to as the terms and conditions of a non-statutory contract. FULL TEXT OF THE JUDGMENT/ORDER OF […]

Section 50C not applies to transfer of Leasehold Right in Land or Building or both

June 22, 2022 7560 Views 1 comment Print

As section 50C applies only to a capital asst, being land or building or both, it cannot be made applicable to lease rights in a land.

Section 263 jurisdiction not invocable if order passed by AO not prejudicial to interest of revenue

June 22, 2022 711 Views 0 comment Print

For invoking jurisdiction u/s 263 of income tax act, the assessment order passed by assessing officer should be erroneous so far as prejudicial to interest of revenue.

Not striking off irrelevant matter vitiate penalty proceedings

June 22, 2022 582 Views 0 comment Print

Sh. Prem Pal Gandhi Vs ACIT (ITAT Amritsar) The appellant objected to the levy of penalty as bad in law. He challenged that the AO has not mentioned under which limbs of section 27 1(1)(c) of the Act, whether for concealment of income or furnishing of inaccurate particulars, the penalty was initiated. Thus, He has […]

ITAT condones delay in appeal fling due to outbreak of COVID 

June 22, 2022 4323 Views 0 comment Print

Sri Sivajothi Spinning Mills Private Limited Vs DCIT (ITAT Chennai) ITAT heard both the sides, perused the materials available on record and gone through the orders of authorities below. The ld. CIT(A) (NFAC) has rejected the appeal filed by the assessee on the ground that the due date for filing the appeal was 30.03.2020 and […]

Patiala House Court denied Bail to Accused in GST Scam for availing Fraudulent ITC

June 22, 2022 3468 Views 0 comment Print

Central Goods and Service Tax Vs Pawan Kumar Sharma (Patiala House Court) By way of the instant order, I propose to dispose of the application moved on behalf of applicant/accused Pawan Kumar Sharma for grant of bail. It is submitted that on 12.05.2022, the house of applicant/accused situated at Chandni Chowk, Delhi was searched by […]

ITAT upheld penalty on amount accumulated by Trust but not utilised & disclosed in ITR

June 22, 2022 423 Views 0 comment Print

Association of Indian Forging Industry Vs ITO (ITAT Pune) Association of Indian Forging Industry (hereinafter referred to as appellant) is a not-for-profit company incorporated u/s 25 of the Companies Act, 1956 and is also registered u/s 12A of the I.T. Act 1961, therefore eligible for exemption u/s 11 of the Act. As per the memorandum […]

No section 43B disallowance can be made for bank interest not claimed in P&L A/c

June 22, 2022 3396 Views 0 comment Print

ITO Vs Laxmipat Surana (ITAT Kolkata) The revenue’s grievance is that the Ld. CIT(A) erred in deleting the disallowance made u/s. 43B of the Act for unpaid bank interest on secured loans of Rs. 3,55,54,116/-. We find that so far as amount of bank interest payable on the secured loans is concerned, there is no […]

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