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CIT(A) cannot make addition on issues not covered by limited scrutiny

August 31, 2021 2649 Views 0 comment Print

Arjun Transport Company Private Limited Vs ITO (ITAT Mumbai)  In cases selected under ‘limited scrutiny’, the Assessing Officer cannot exceed the latitude of limited scrutiny unless the scope of scrutiny is expanded or the case is converted from ‘limited scrutiny’ to ‘complete scrutiny’ with the approval of authority, as specified by the CBDT in Instructions […]

Sec 138 NI Act- Complainant to prove the existence of a debt

August 31, 2021 19200 Views 1 comment Print

V.P. Zacharia Vs State of Kerala (Kerala High Court) his is a case where the 2nd respondent/accused has been successful in rebutting the statutory presumption under Section 139 of the Negotiable Instruments Act. The fact that there was an earlier transaction in the year 1995 and that liability had been settled by repayment is a […]

GST: Bank account cannot continue to be attached after one year

August 30, 2021 2355 Views 0 comment Print

Implement Impex Private Limited Vs State of Maharashtra (Bombay High Court) The grievance that has been voiced in this writ petition is that despite lapse of more than a year from the date provisional attachment of the petitioner’s bank account was ordered, the Joint Commissioner has not lifted such order of provisional attachment. In ground […]

In absence of malfide or false claim AO not justified in taking hyper technical view

August 30, 2021 987 Views 0 comment Print

Shri Ashutosh Jha (HUF) Vs. ITO (ITAT Kolkata) The claim of the assessee has been that the assessee had purchased the property at a lower rate as per the value mentioned in the agreement to purchase dated 19-07-2012. However, the Ld. AO has adopted the stamp duty value as on date of sale i.e. 28-05-2013. […]

FDI equity inflow grows by 168% in first 3 months of F.Y. 2021-22

August 28, 2021 408 Views 0 comment Print

FDI equity inflow grows by 168% in the first three months of F.Y. 2021-22 (US$ 17.57 billion) compared to the same corresponding period last year (US$ 6.56 billion). Total FDI inflow of US$ 22.53 billion during first three months of 2021-22, i.e. April, 2021 to June, 2021 is much Higher as compared to US$ 11.84 billion in first three months of 2020-21

TDS deductible on conveyance allowance by LIC to its Development Officers

August 28, 2021 3543 Views 0 comment Print

Life Insurance Corporation of India Vs. ITO (TDS) (Orissa High Court) The short question that arises is whether LIC had a statutory obligation to deduct tax at source while paying the conveyance/additional allowance to its development officers? In support of the contention that conveyance/additional allowance are not income and therefore not liable for deduction of […]

Income Tax Department conducts searches in Rajkot

August 28, 2021 921 Views 0 comment Print

The Income Tax Department carried out a search and seizure operation on 24.08.2021 on a group based in Rajkot. The group is among Gujarat’s prominent real estate builders & developers and is actively engaged in real estate, construction and land trading businesses in and around Rajkot. More than 40 premises were covered in the operation.

Section 14A disallowance based on invalid satisfaction not sustainable

August 28, 2021 2475 Views 0 comment Print

HCL Comnet Ltd. Vs DCIT (ITAT Delhi) It is settled principle of law that generic dissatisfaction as to the correctness of the claim of the assessee without assigning any reason is not a valid satisfaction which is mandatory under section 14A(2) of the Act, as has been held by Hon’ble Supreme Court in case of […]

Technical glitches on GST Portal – HC allows filing of GST TRAN-1

August 27, 2021 4527 Views 1 comment Print

Tvl. Innovative Motors Vs The Goods and Service Tax Council (Madras High Court) This Writ Petition has been filed by the petitioner to direct the respondents to reopen the GST Portal and to allow access to the portal to enable us to file Form GST TRAN – 1. Petitioner submit that denial of legitimate claim […]

Gauhati HC refuses Bail to Person accused of illegally availing ITC

August 27, 2021 510 Views 0 comment Print

Explore the denial of bail for Amit Kumar in a GST evasion case. Gauhati High Court cites the magnitude of economic offenses and potential tampering of evidence.

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