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SEBI guideline – Acquisition exempt from obligation to make an open offer

November 7, 2022 1536 Views 0 comment Print

In the instant case, since the shareholders viz. SFT, Mrs. Jayshree Lalbhai, Mr. Kulin Lalbhai, Mr. Pulin Lalbhai and Aura Business Ventures LLP exercise control over Aura, Aura Weaving and Shruti, and are owning more than 50% shareholding of Aura, and would be holding more than 50% (entire) of Aura Weaving and Shruti as per […]

ITAT quashes assessment order for violation of principles of natural justice

November 6, 2022 2031 Views 0 comment Print

It is evident from this that the Ld.CIT(A) has also not given opportunity to the assessee to cross examine the parties. It is necessary to specify that the power of CIT(A) is co-terminus with that of the Assessing Officer.

Failure to upload Tax Audit Report due to demise of Auditor is a reasonable cause

November 6, 2022 1407 Views 0 comment Print

Abha Rajesh Kapoor Vs PCIT (ITAT Mumbai) We find that the issue-in-dispute is whether there was any reasonable cause for failure on the part of the assessee in uploading the Tax Audit Report on the Income-tax portal. In terms of section 44AB, the assessee was required to audit and upload audit report along with return […]

Cash payment for Purchase at remote locate & desert of Rajasthan allowable- Section 40A(3)

November 6, 2022 861 Views 0 comment Print

Grit has been purchased by assessee from petty persons who are illiterate and who make their living by breaking stones by hand tools and they do not possess PAN Cards has not been proved to be false or untrue.

Classification of Menthol Scented Sweet Supari and Flavoured & coated Illaichi 

November 6, 2022 7320 Views 0 comment Print

Menthol Scented Sweet Supari merits classification under CTH 2106 90 30 and Flavoured & coated Illaichi merits classification under CTH 2106 90 99

GST – Opportunity of personal hearing must be provided despite no such request: HC

November 5, 2022 7650 Views 0 comment Print

Graziano Trasmissioni India Private Limited Vs State of Gujarat (Gujarat High Court) The stand on the part of the Department is that the Online Portal mode was chosen by the petitioners, which had resulted in the entire matter having been proceeded Online. The opportunity of hearing was not granted since the same was not requested […]

HC Slams VAT Commissioner for not Granting time to Reply to SCN

November 4, 2022 816 Views 0 comment Print

When the show cause notice itself clearly says that petitioner should file written statement within seven days of receipt of the notice, we fail to understand as to how 1st respondent could have arrived at such a conclusion.

Revival of Proceedings after keeping in call book for 15 years without intimating noticees is unsustainable

November 4, 2022 1092 Views 0 comment Print

Siddhi Vinayak Syntex Pvt. Ltd. Vs Union of India (Gujarat High Court) With effect from the year 2011 a time limit has been prescribed for determining the amount of duty of excise where it is possible. It cannot be gainsaid that when the legislature prescribes a time limit, it is incumbent upon the authority to […]

Appeal against acquittal of accused in cheque bounce case can be filed only before HC

November 4, 2022 40575 Views 0 comment Print

Calcutta High Court held that appeal against acquittal of accused in a cheque bounce case can be filed only before High Court under Section 378(4) of CrPC and not before Sessions Court.

Interest on Loans utilized for Business allowable as Business Expenditure

November 4, 2022 477 Views 0 comment Print

Loans obtained by assessee were utilized for its business purposes and therefore, interest so paid would constitute business expenditure and accordingly, an allowable deduction.

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