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Concluded assessments cannot be reopened u/s 153A in absence of incriminating material

October 19, 2022 2223 Views 0 comment Print

PCIT Vs Meeta Gutgutia Prop. M/s. Ferns ‘N’ Petals (Delhi High Court) There is no such statement in the present case which can be said to constitute an admission by the Assessee of a failure to record any transaction in the accounts of the Assessee for the AYs in question. On the contrary, the Assessee […]

Section 56 -Stamp duty value on agreement date is to be considered and not value on registration date

October 19, 2022 8775 Views 0 comment Print

Sajjanraj Mehta Vs ITO (ITAT Mumbai) During the appellate proceedings, the appellant vide letter dated 03/04/2018 submitted that the AO has made addition ignoring the 1st and 2nd proviso to section 56(2)(vii)(b) inserted by Finance Act, 2013 w.e.f. 01.04.2014. The appellant was allotted flat no. 502 in the building Kamla Astral, Dadar for a total […]

Mere Charging of shareholder under PMLA cannot be a ground to attach property of Company

October 19, 2022 4767 Views 0 comment Print

Charging of shareholder with crime under PMLA cannot be a ground to attach property of Company unless there is an allegation that property acquired by company was from proceeds of crime.

In Tax matters if statutory remedy of appeal is available, HC cannot entertain writ petition under Article 226: SC

October 19, 2022 3510 Views 0 comment Print

SC observed and held that in a tax matter when a statutory remedy of appeal is available, the High Court ought not to have entertained the writ petition under Article 226 of the Constitution of India against the Assessment Order by-passing the statutory remedy of appeal.

ESOP can be granted by company to Doctors exclusively employed with subsidiary

October 19, 2022 5241 Views 0 comment Print

Q. Upon listing of the Company, will it be permissible, as per the SEBI SBEB & SE Regulations, for stock options to be granted under the ESOP Plan 2013 to the doctors who are proposed to be engaged as Eligible Employees. i. Regulation 2(1)(i)(i) of the Securities and Exchange Board of India (Share Based Employee […]

Exemption from generation of e-way bill for movement of vehicles for testing

October 18, 2022 5448 Views 0 comment Print

TNGST Act, 2017 – Tvl. Mahindra & Mahindra ­Exemption from generation of e-way bill for the movement of vehicles for the purpose of testing under rule 138 (14) (d) of TNGST Rules, 2017 ­Notification issued.

Admissibility of assurance benefits payable in lieu of EDLI Scheme,1976

October 18, 2022 1842 Views 0 comment Print

Even where an employee has died while in service, some offices are rejecting the claims saying that the contribution was not received during the previous few days and therefore the EDLI benefits are not payable on account of such NCP days.

FD Interest Income not Taxable till determination of ownership of FDs

October 18, 2022 1110 Views 0 comment Print

PCIT Vs Rajdarbar Heritage Venture Ltd. (Formerly Known As Global Heritage Venture Ltd.) (Delhi High Court) High Court held that till the final award was passed by the Arbitral Tribunal determining the ownership of the fixed deposits (FDS) and interest, it could not be said that the interest income had crystallized in the respondent’s hands […]

Ao allowed interest on Loan on wrong assumption of facts: Exercise of section 263 Jurisdiction Valid 

October 18, 2022 846 Views 0 comment Print

AO had wrong assumption of facts and by applying incorrect law without due application of mind allowed claim of interest paid on borrowed capital u/s. 24(b). Therefore, in our opinion, PCIT correctly exercised its jurisdiction

Delayed refund order implementation causes loss to exchequer: HC

October 18, 2022 1080 Views 0 comment Print

It is strange that that the order dated 26th May, 2022, has not been implemented till date. The interest on the refund continues to run at the cost of the exchequer.

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