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Section 35(1)(ii) donation allowed as registration of Institute was valid on donation date

May 15, 2023 3042 Views 0 comment Print

Ravindra K Reshamwala Vs DCIT (ITAT Mumbai) ITAT Mumbai held in favour of assessee with a reason that on the date of giving donation, the registration of the institute was valid u/s 35(1)(ii) granting approval. So deduction for donation can not be disallowed. FULL TEXT OF THE ORDER OF ITAT MUMBAI This appeal filed by […]

HC dismisses Writ against SCN which was based on GST Audit observation

May 14, 2023 15927 Views 0 comment Print

Petitioner challenged SCN based on GST audit report contending that certain observations made in audit report to which petitioner is not liable to pay

Seizure of goods & vehicle for Expiry of E-Way bill- HC directs Disposal of Appeal

May 14, 2023 6645 Views 0 comment Print

Since the E-way bill had expired an order of detention in Form GST MOV-06 and a notice in Form GST MOV-07 were issued wherein the petitioner company was directed to show cause as to why the proposed tax and penalty to the tune of Rs. 19,61,100/- be not imposed.

SEBI Regulatory Framework For Micro, Small & Medium REITs (MSM REITs)

May 13, 2023 5439 Views 0 comment Print

In the past 2-3 years, there has been a mushrooming of web based platforms offering fractional ownership of real estate assets. These platforms provide investors an option to invest in buildings and office spaces including warehouses, shopping centres, conference centres, etc. The minimum investment on these Fractional Ownership Platforms (FOPs) range from INR. 10 lakhs to INR. 25 lakhs.

HC uphold cancellation of Customs Duty Exemption Certificate (CDEC) granted to Apollo Hospitals

May 13, 2023 1131 Views 0 comment Print

Madras High Court considers withdrawal of customs duty exemption for Apollo Hospitals’ imported medical equipment. Analysis of compliance with Notification No.64/88.

No section 271(1)(c) penalty if Notice not contains Specific Charge

May 13, 2023 1329 Views 0 comment Print

M.A. Projects Private Limited Vs ACIT (ITAT Delhi) ITAT  note that the notice is an omnibus notice without specifying the specific charge upon the assessee and in such circumstances, Higher Courts have held that penalty levied is not sustainable. In this regard, we refer to Hon’ble Bombay High Court (Full Bench at Goa) in the […]

Jute Cess payable only when goods are removed from factory

May 13, 2023 351 Views 0 comment Print

Jute Cess will be payable only when the goods are removed from the factory and hence the demands made in all three Orders are not sustainable.

Section 263 can be invoked if no specific inquiry by AO against CBS expenses

May 13, 2023 420 Views 0 comment Print

State Bank of India Vs PCIT-2 (ITAT Mumbai) ITAT note that the AO during the assessment proceedings had requested the assessee to furnish explanation in respect of such items of expenses and receipt appearing in the trading accounts and profit and loss accounts (either by way of excess or reduction) in comparison to last year. […]

NCLT cannot refuse admission of section CIRP application if default occurred: SC

May 13, 2023 2034 Views 0 comment Print

SC held that once NCLT is satisfied that default occurred, no discretion left with NCLT to refuse admission of Section 7 CIRP application

Section 54F exemption eligible even if construction of new house starts before sale of original asset

May 12, 2023 9756 Views 0 comment Print

Kapil Kumar Agarwal Vs DCIT (ITAT Delhi) ITAT held that assessee has purchased a house property i.e. a new asset and is entitled to exemption u/s 54F of the act despite the fact that construction activities of the purchase of the new house has started before the date of sale of the original asset which […]

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