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Reference to TPO without fulfilling the conditions of threshold limit is not valid

June 21, 2022 3825 Views 0 comment Print

Garg Acrylics Ltd. Vs Addl. CIT (ITAT Delhi) It is the case of the assessee that reference made to the TPO in the instant case without fulfilling the conditions of threshold of Rs.5 crore monetary limit is without the sanction of law in view of the Section 92BA of the Act. This being so, the […]

HC quashes order passed without considering reply to section 148A notice

June 21, 2022 993 Views 0 comment Print

The Petitioner has challenged the impugned order primarily on the ground that the Petitioner was issued with a notice under Section 148A of the Income Act, 1961 on 20.03.2022 and that the Petitioner has also replied to the same on 25.03.2022, which has also been acknowledged. However, the impugned order has wrongly recorded that the Petitioner has not responded.

Reopening beyond 4 years is bad in law if all primary facts disclosed during original assessment proceedings

June 21, 2022 2628 Views 0 comment Print

Harsh Kaushal Corporation Vs ITO (Bombay High Court) In the present case, it is evident from the reasons recorded for reopening that the petitioner had truly and fully disclosed all material facts necessary for the purpose of assessment. In fact, in the reasons for reopening, there is not even a whisper as to what was […]

HC allows payment of Pre-Deposit of 75% of Awarded Amount under Section 19 of MSMED Act in Instalments

June 21, 2022 3363 Views 0 comment Print

Yamuna Cables Accessories Pvt. Ltd. Vs Desai Enterprise (Gujarat High Court) Learned advocate Mr. S. P. Majmudar appeared for the petitioner and learned senior advocate Mr. B. S. Patel with learned advocate Mr. Umang Oza appeared for the respondents. 2. By way of the present petition, the petitioner has invoked the jurisdiction of this Court […]

Govt. Employee has No Statutory Right to Insist for posting at A Particular Place

June 21, 2022 3234 Views 0 comment Print

Dulamani Patel Vs State of Odisha (Orissa High Court) The Petitioner’s prayer insofar as promoting and repositioning him in the school where he was continuing or at a nearby place, is unsustainable as the Petitioner was holding a transferable post and under the conditions of service applicable to him, he was liable to be transferred […]

Employees cannot Be Permitted to Change Date of Birth after 5 years of Govt service

June 21, 2022 5718 Views 0 comment Print

Ugrasen Sahu Vs State of Odisha (Orissa High Court) In a State of Uttaranchal & Ors. Vs. Pitamber Dutt Semwal, the relief was denied to the Government employee on the ground that he sought correction in the service record after nearly 30 years of service. While setting aside the judgment of the High Court, the […]

Refund of TDS credit cannot be denied irrespective of year of appearance in form 26AS

June 21, 2022 2652 Views 0 comment Print

GSR Ventures Private Limited Vs DCIT (ITAT Hyderabad) Once any TDS is effected in accordance with the provisions of the Act and paid to the Central Government, such an amount shall be treated as a payment of tax on behalf of the person from whose income the deduction was made, and, therefore, a credit of […]

MSMED Act is a special legislation and has an overriding effect,

June 21, 2022 3090 Views 0 comment Print

NBCC (India) Ltd. Vs State of West Bengal (Calcutta High Court) MSMED Act is a special legislation and has an overriding effect, the parties governed by it are bound to follow the mechanism provided under Section 18 of the Act. It was further reiterated in Mackintosh Burn Limited v. Micro and Small Enterprises Facilitation Council […]

Challenge to re-assessment proceeding before disposal of objection not maintainable: HC

June 21, 2022 669 Views 0 comment Print

Jagran Prakashan Limited Vs Assessing Officer (Allahabad High Court) Undisputedly, in view of the decision of the Supreme Court as regularly followed by this Court by way of procedural principle, the Court does not directly entertain the challenge to re-assessment proceeding before disposal of the objection filed by the assessee to the initiation of such […]

Addition for difference in Share of profit from Partnership due to Mistake in lowering the same not sustainable

June 21, 2022 903 Views 0 comment Print

Addition for difference in Share of profit from Partnership due to Mistake in lowering the profit in revised Return same not sustainable

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