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HC quashes order passed without providing documents relied & by denying cross-examination of witnesses

March 6, 2022 1773 Views 0 comment Print

Sunil Kumar Mitra Vs Union of India (Calcutta High Court) Considering the submission of the parties and admitted position which appears from record, I am of the view that in this case there was violation of principle of natural justice and the impugned order of the Appellate Authority is a non-speaking order on the aforesaid […]

Section 69A addition not justified for Amount received through Bank, duly recorded in books & explained by Assessee

March 6, 2022 7734 Views 0 comment Print

Entries relating to advances received from Hardev Singh and his son Maninder Singh Sahi from Canada were recorded in books of account and assessee also explained that amount was received as an advance for making investment in property by said person, and assessee was engaged in the property business. Assessee also requested AO to summon concerned party under section 131 but AO did not accede to the request of assessee and made the addition, therefore, addition made by AO was not justified.

ITAT allows HRA allowance for Rent paid to Spouse

March 6, 2022 16686 Views 0 comment Print

Abhay Kumar Mittal Vs DCIT (ITAT Delhi) it was submitted that Income Tax Act does not prohibit claiming HRA exemption on the rent paid to one’s spouse, that her wife is qualified medical practitioner and she has returned the loan extended to her by the assessee from liquidation of mutual funds and fixed deposits. We […]

Sale deed registration operate from the time from which it would have commenced to operate if no registration was required or made

March 5, 2022 11175 Views 0 comment Print

Chitranshi Goyal Vs Indian Oil Corporation Ltd. (Rajasthan High Court) The facts of the case are that on 14/12/2018, an advertisement was issued by the respondent-IOCL in daily newspaper “Rajasthan Patrika’ for selection of dealers qua IOCL retail outlet at various locations. The respondent-IOCL also issued a brochure dated 24/11/2018 for selection of dealers for […]

Date of Cancellation of sale of flat is relevant date for computing limitation under Section 11B

March 5, 2022 1854 Views 0 comment Print

Pramukh Realty Vs C.C.E. & S.T.-Daman (CESTAT Ahmedabad) The brief facts of the case are that the appellant have pad service tax on Construction of residential Complex for which they have entered into the agreement for sale of flats, accordingly they have paid service tax on sale of flats. Subsequently the sale of flats has […]

Section 234E late fee for defaults prior to 01.06.2015 is not sustainable 

March 5, 2022 2622 Views 0 comment Print

ICMC Projects Pvt. Ltd. Vs ITD (ITAT Delhi) Hon’ble Karnataka High Court in case of Fatehraj Singhvi & Ors. vs. UOI & Ors. 2016 (9) TMI 964 is in favour of the assessee holding that the amendments brought in statute w.e.f. 01.06.2015 are prospective in nature and as such, notices issued u/s 200A of the […]

Denial of existence of account after returning of cheque with remark ‘Account Frozen’, SC orders full-fledged trial

March 5, 2022 1347 Views 0 comment Print

Vikram Singh Vs Shyoji Ram (Supreme Court of India) SC observed that it is surprising that on the one hand, the Bank Managers have specifically deposed that no such bank account was opened and maintained in their bank while on the other hand the cheque drawn by the respondent in favour of the appellant, was […]

Depreciation cannot be claimed against interest Income falling under income from other sources

March 5, 2022 2886 Views 0 comment Print

Sports Authority of Gujarat Vs DCIT (ITAT Ahmedabad) This ground of the assessee relates to the claim of deduction on depreciation against income from interest which according to the assessee qualifies as income from business or profession. Having held that the income from interest qualifies as ‘income from other sources‘ in the preceding paragraphs, the […]

SSI exemption cannot be denied for use of foreign brand name under agreement

March 5, 2022 882 Views 0 comment Print

Learn about CESTAT Chennai’s decision on Appu Hotels Ltd.’s eligibility for exemption under Notification No.8/2003-CE for using the brand name “Le Royal Meridien

Reopening notice invalid if no tangible material to establish escapement of income

March 5, 2022 2229 Views 0 comment Print

ACIT Vs Sh. Ravi Parkash Aggarwal (ITAT Delhi) ITAT have gone through the reasons recorded. The first four lines consists of a factual information received from the DDIT (Inv.), Mumbai, the second part indicates that it has been established from the report that the assessee has taken accommodation entries and the third part consists of […]

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