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Reopening based on Audit objection valid if cash payments above Rs. 20000 escaped scrutiny

January 1, 2022 7998 Views 3 comments Print

ITO Vs Mayuri Constructions (ITAT Hyderabad) The brief facts of the case are that the assessee is a firm engaged in the business as civil contractor filed its return of income for the AY 2008-09 on 14/10/2008 declaring total income of Rs. 65,254/-. Initially, the return was processed U/s. 143(1) of the Act and thereafter […]

ITAT deletes Addition of Rs. 17.32 crore for alleged Accommodation Entries

January 1, 2022 3819 Views 0 comment Print

More Credit Securities (P) Ltd. Vs ITO (ITAT Delhi) We find the Ld. CIT(A) while deleting the addition made by the A.O. under section 68 of the I.T. Act, 1961 has noted that assessee has filed the copies of the returns of income for A.Y. 2010-11 of all the applicants, copies of their audited balance-sheets […]

HC explains requirement of new sanction under Section 279(1) of Income Tax

January 1, 2022 5949 Views 0 comment Print

G. Victor Devasahayam Vs ACIT (Madras High Court) It is not disputed that sanction under Section 279 (1) of Income Tax Act is already been granted and sanctioned for the offence under Section 276(C)(1) and other offences. Since the expression unless the sanction had been already obtained for a prosecution on the same facts as […]

ADG of DRI not a proper officer for issue of SCN as he has not assessed & cleared the goods

January 1, 2022 2073 Views 0 comment Print

Commissioner of Customs (Export) Vs Reliance Industries Limited (Bombay High Court) The proper officer, to whom power is conferred by Section 28 of the said Act and other related provisions would necessarily mean the proper officer, who in the first instance, assessed and cleared the goods, i.e., Apprising Officer of Air Cargo Complex. Therefore, the […]

Writ Petition challenging GST order not maintainable as Alternative Statutory Remedy available

January 1, 2022 5733 Views 0 comment Print

Ram Prasad Ganga Prasad Vs Assistant Commissioner (Calcutta High Court) In this writ petition, petitioners have challenged the impugned order of adjudication dated 1st November, 2021 passed by the GST Authority concerned as appears at page 47 to the writ petition. Main ground of challenge of the impugned adjudication order by the petitioners is that […]

WhatsApp Group Administrator not Liable for Objectionable posts by Members

January 1, 2022 17586 Views 2 comments Print

If the petitioner had played the role of a WhatsApp group administrator alone and nothing else, then while filing final report, the petitioner’s name shall be deleted. If some other material is also gathered by the first respondent so as to implicate the petitioner, then of course the petitioner will have to challenge the case only on merits.

Section 10(46) exemption to Bureau of Indian Standards

December 31, 2021 8457 Views 0 comment Print

Vide Notification No. 142/2021-Income Tax | Dated: 31st December, 2021 CBDT notifies Tax Exemption to Bureau of Indian Standards (BIS), set up by the Bureau of Indian Standards Act, 1986, in respect of the specified income under section 10(46) of Income Tax Act, 1961. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) […]

Application for reduction of share capital maintainable under Section 66: NCLAT

December 31, 2021 6804 Views 0 comment Print

Brillio Technologies Pvt. Ltd. Vs Registrar of Companies (NCLAT Delhi) NCLAT that the NCLT has erroneously held that the Application for reduction of share is not maintainable under Section 66 of the Act, consent affidavits from the creditors is mandatory for reduction of share capital, SPA cannot be utilized for making payment to non-promoter shareholders, […]

Extension of Last Date for Submitting applications for Scrip based FTP Schemes

December 31, 2021 12282 Views 0 comment Print

The last date of submitting applications under MEIS, SEIS, ROSCTL, ROSL and 2% additional ad hoc incentive (under para 3.25 of FTP) which was earlier notified to be 31.12.2021 has been extended till 31.01.2022.

Cenvat Credit not eligible on transportation of employees

December 31, 2021 1986 Views 0 comment Print

HC held that Cenvat Credit not eligible on facility of transportation provided by the appellant to its employees as same was merely in the nature of service for personal use or consumption of its employees.

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