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Section 14A applicable to strategic investment generating exempt dividend income

June 24, 2022 1860 Views 0 comment Print

Explore the impact of Maxopp Investment Ltd. vs CIT on Section 14A disallowance. ITAT Kolkata sets aside Ld. CIT(A) order, directing re-computation in light of strategic investments.

Penalty not leviable for Bonafide & Inadvertent mistake in deduction claim

June 24, 2022 3246 Views 0 comment Print

No penalty u/s.271(1)(c) can be imposed in respect of inadvertent and bona fide mistake committed by the assessee.

Mere short payment of duty not sufficient to invoke extended period

June 24, 2022 516 Views 0 comment Print

CESTAT held that mere short payment of duty by the appellant is not sufficient in order to invoke the extended period.

Garnishee Proceedings become ‘Infructuous’ on stay of demand at Appellate Stage

June 24, 2022 996 Views 0 comment Print

Upon disposal of appeal, in case adjudication order is upheld or modified, a fresh demand has to be raised in Form GST APL-04. Therefore, Garnishee notice become infructuous

Penalty not survive if Assessment Order held to be void ab initio

June 24, 2022 603 Views 0 comment Print

ACIT Vs Rameshbhai Jivrajbhai Desai (ITAT Ahmedabad) During the course of assessment proceedings, the Assessing Officer initiated penalty proceedings under Section 271(1)(c) of the Act. The Ld. AR submitted that the assessment order passed under Section 153A of the Act was held to be void ab initio and thus there is no addition in the […]

If agreement for sale of immovable property not registered, it not amounts to transfer

June 24, 2022 2085 Views 0 comment Print

If an agreement for sale of immovable property is not registered, it does not amount to transfer in view of the 2001 amendment carried out to section 55A of the Transfer of Property Act and also simultaneous amendments to section 17(1A) and 49 of the Registration Act, 1908

Manipulation & Rigging via Penny Stock Company: ITAT upholds Addition

June 24, 2022 2457 Views 0 comment Print

Aditya Saraf HUF Vs ITO (ITAT Delhi) It is observed, as per the investigation conducted in relation to the shares of the company, on which, the assessee offered long term capital gain, it was found that it is a penny stock company. It was also found that due to price manipulation and rigging, there was […]

Deduction of excessive price paid on sugarcane purchase by Co-op sugar factory

June 24, 2022 1134 Views 0 comment Print

Sant Tukaram Sahakari Sakhar Karkhana Ltd. Vs ITO (ITAT Pune) We find the issue of payment of excessive price on purchase of sugarcane by the assessee is no more resintegra in view of the judgment of Hon‟ble Supreme Court in CIT Vs. Tasgaon Taluka S.S.K. Ltd. (2019) 103 taxmann.com 57 (SC). The Hon‟ble Apex Court […]

HC allows FIR against Bank Manager for breaching prohibitory section 132(3) order by allowing customer to operate locker

June 24, 2022 1731 Views 0 comment Print

HC dismisses application to Quash FIR filed against a HDFC Bank Manager for allowing a Customer to Operate Bank  Locker despite receiving  prohibitory order under section 132(3) of the Income Tax Act to put a stop operation on the Bank accounts, fixed deposits and Bank lockers of that Customer.

No section 271AAA penalty if assessee offered undisclosed income in section 132(4) statement

June 24, 2022 1347 Views 0 comment Print

ITAT held that penalty under section 271AAA(1) cannot be imposed in a case where the assessee has offered the undisclosed income in the statement recorded under section 132(4) of the Act, specifying the manner in which such income has been derived and if the assessee pays the tax along with interest of such income.

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