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Employee Cannot Be terminated for misconduct without holding full scale inquiry

February 7, 2022 11184 Views 0 comment Print

Dineshbhai Dhudabhai Patel Vs State of Gujarat (Gujarat High Court) Facts in brief would indicate that the petitioner was working as a Junior Clerk (Administration). Pursuant to a selection held by the Gujarat Panchayat Services Selection Board, he was engaged in a five years contract basis by an order dated 08.12.2011. A complaint was filed […]

Revaluation of Land by firm after conversion of inventory into fixed asset – colourable device?

February 7, 2022 2220 Views 0 comment Print

PCIT Vs Orchid Griha Nirman Pvt. Ltd. (Calcutta High Court) Tribunal agreed with CIT(A) that after conversion of inventory into fixed asset the firm revalued the developed land including construction thereon in order to bring it in line with the current market value to justify the business assistance secured by the firm from the banks […]

Failure to issue section 143(2) notice prior to finalising reassessment order makes reassessment proceedings a nullity

February 7, 2022 7686 Views 0 comment Print

ACIT Vs P & R Infraprojects Ltd. (ITAT Delhi) A perusal of the assessment order as well as the order of the CIT(A) shows that no notice u/s 143(2) was ever issued to the assessee before completing the assessment u/s 143(3)/147. It is the submission of the ld. Counsel that it is mandatory to issue […]

Section-281B provides for attachment of property of assessee only and of no one-else

February 7, 2022 14466 Views 0 comment Print

Raghunandan Enterprise Vs ACIT (Gujarat High Court) The plain reading of Section-281B of the Act would make it clear that the same provides for the provisional attachment of the property belonging to the assessee for a period of six months from the date of such attachment unless extended, but excluding the period of stay of […]

RBI does not send emails asking for personal information

February 6, 2022 2088 Views 0 comment Print

The Reserve Bank of India has today reiterated that it never contacts the public via unsolicited phone calls or emails asking for money or any other type of personal information.

Limitation Act not applies to Criminal Proceedings unless Specifically Provided

February 6, 2022 18336 Views 0 comment Print

Ravindra Singh Vs State of Chhattisgarh (Chhattisgarh high Court) The general rule of criminal justice is that ‘a crime never dies’. The principle is reflected in the well-known maxim nullum tempus aut locus occurrit regi (lapse of time is no bar to Crown in proceeding against offenders). The Limitation Act, 1963 does not apply to […]

Bogus purchases- ITAT allows addition only for gross profit not for full Purchase

February 6, 2022 5097 Views 0 comment Print

Once bogus purchases had gone into profit and loss account, and sales were not doubted, only option left with AO was to make addition of gross profit embedded in bogus purchases. Accordingly, AO was directed to restrict addition to the extent of 9.25% of impugned purchases as assessee had shown gross profit ratio of 9.25% in the year ending March, 2012.

Requirements of FIRC Confirmation From Authorised Dealer AD Bank

February 6, 2022 11487 Views 0 comment Print

In terms of extant guidelines of RBI since 1987, AD Banks may be required to issue Certificates to beneficiaries of Inward Remittances received through their medium for production as supporting evidence for claiming various facilities / benefits / entitlements under Exchange Control Regulations or Government Rules.

Omission to claim deduction u/s 57(iv) is rectifiable under Section 154

February 5, 2022 3507 Views 0 comment Print

Dhanesh Kumar Jain Vs ACIT (ITAT Delhi) In this case Assessee by mistake not claimed deduction u/s. 57(iv) of Income Tax Act, 1961 i.e. @ 50% of interest on compensation that was received by Assessee on acquisition of his agricultural land by Land Collector. ITAT held that mistake, was in the nature of a mistake […]

CIT(E) Order passed without hearing Assessee during COVID-19 violates Principal of Natural Justice

February 5, 2022 1275 Views 0 comment Print

Madhavi Raksha Sankalpa Vs CIT (Exemptions) (ITAT Mumbai) ITAT noticed that the CIT(Exemptions) has passed the order on 31.08.2020 during the pandemic period without hearing the appellant. It is against the principles of natural justice. A proper and reasonable opportunity is liable to be given to the appellant in accordance with law, therefore, in the […]

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