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Section 234E: Assessee not liable for late filing charges for the period prior to June, 2015

November 6, 2018 9972 Views 0 comment Print

Assessee could not be held liable for levy of late filing charges under section 234E for the period prior to June, 2015 in the absence of amendment to section 200A, which was brought on Statute from 1-6-2015.

In absence of involvement in day-to-day management of company assessee cannot be prosecuted U/s. 276 B

November 5, 2018 6498 Views 0 comment Print

Kalanithi Maran Vs. UOI (Madras High Court) In the absence of any material, 2nd respondent should not have come to conclusion that assessee was Principal Officer. Unless the 2nd respondent makes out a prima facie case against petitioner of his liability and obligation as Principal Officer in day-to-day affairs of the company as Chairman-cum-Managing Director […]

Unsecured loan/ Gifts to be added in Income if paying capacity of giver is not proved: HC

November 5, 2018 1452 Views 0 comment Print

Sitaram Ramchanddas Patel Vs ITO (Gujarat High Court) When the assessee failed to prove the capacity of the concerned persons who alleged to have given the unsecured loan and/or gift, it cannot be said that the learned Tribunal has committed any error in confirming the additions made by the Assessing officer and confirmed by the […]

Low Tax Effect Circular binds Revenue and revenue must prove applicability of conditions if any

November 5, 2018 1209 Views 0 comment Print

Pr. CIT Vs M/s Nawany Construction Co. Pvt Ltd (Bombay High Court) Section 260A Low Tax Effect Circular– Department has made an attempt to get over the binding Circulars and in any case we shall not allow the Revenue to get over them in this manner. The Circulars continue to bind the Revenue and if they contain any conditions, whether […]

Deduction U/s. 80-IA Claimed through return filed U/s. 153A instead of revised return cannot be denied

November 5, 2018 2463 Views 0 comment Print

Pr. CIT Vs. Vijay Infrastructure Ltd. (Allahabad High Court) Since the time limit for filing the revised return had not expired during the relevant year, therefore, claim for deduction under section 80-IA if not made earlier could have been made in the revised return. Once it could have been claimed in the revised return under […]

E-way Bill- Release detained goods on compliance of GST Rules: HC

November 5, 2018 1218 Views 0 comment Print

It is also directed that if the petitioner complies with Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017, the goods detained shall be released to him forthwith.

Periodical lease rent cannot be equated with lump-sum payment for land acquisition

November 5, 2018 3978 Views 0 comment Print

These cross appeals filed by the assessee as well as the revenue are directed against the order of CIT(A)-7, Mumbai dated 27-12-2011 and it pertains to AY 2006-07. Since both the appeals pertains to same assessee, for the sake of convenience, they were heard together and are disposed of by this common order.

No TDS on Land Acquisition from Illegal Occupants by MMRDA

November 5, 2018 3252 Views 0 comment Print

CIT (TDS) Vs M/s Mumbai Metropolitan Regional (Bombay High Court) Section 194LA of the I.T.Act, 1961 inter alia deals with payment of compensation on acquisition of certain immovable property. Section 194LA of the I.T.Act, 1961 was brought into force with effect from 1st October, 2004. Section 194L of the I.T.Act, 1961 deals with payment of […]

S. 153C List of shareholders maintained by company cannot be said to be belonging to such shareholders

November 5, 2018 960 Views 0 comment Print

DCIT Vs Esteem Textiles P. Ltd. (ITAT Delhi)  Evidently, AO on the basis of a letter written by the company, which was returned by the assessee by putting its signature and seal in confirmation of the accounts, had framed the assessment under section 153C. However, the said document could not be said to belong to […]

Appeal cannot be filed against Seizure of goods in transit or storage

November 5, 2018 3372 Views 0 comment Print

RK Overseas Vs UOI & Ors (Allahabad High Court) On the conjoint reading of sections 107 and 121 of the Act it is thus apparent that though all orders passed under the Act by the adjudicating authority are appealable but not the ones which have been specifically excluded from the purview of appeal under section […]

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