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IT dept cannot carry out any scrutiny Assessment of Corporate debtor for period covered by resolution plan

January 31, 2022 2922 Views 0 comment Print

Sirpur Paper Mills Limited Vs Union of India (Telangana High Court) Insofar carry forward of losses and adjustments against future profits are concerned, the same is provided by Clause 17.7 (c) of the resolution plan. However, as and when such carry forward and set off is claimed by the petitioner in future, i.e. beyond the […]

ITAT allows prior period Expenses based on principle of crystallization of liability

January 31, 2022 14982 Views 0 comment Print

Kamla Retail Ltd. Vs ACIT (ITAT Chandigarh) It is no doubt true that it is incumbent upon the assessee to account for the expenses in respective financial year in which they are incurred or the liability towards such expenses has accrued which is in line with the mercantile system of accounting as well as concept […]

Application for GST refund cannot be rejected without recording any reasons

January 30, 2022 8619 Views 0 comment Print

Colgate Global Business Services Pvt. Ltd. Vs Union of India (Bombay High Court) A Perusal of the impugned Order indicates that the Respondent No.3 has rejected the application for refund without recording any reasons, though the same is mandatory under Rule 92(3) of the Central Goods and Services Tax Rules, 2017. In our view, the […]

Bank needs to give benefit of interest rate reduction to all customers even if customer not opted for same

January 30, 2022 2217 Views 0 comment Print

Shekar B.S. Vs Chief General Manager, Syndicate Bank (Karnataka High Court) Bank’s justification is, petitioner has not opted for switchover to a new system. The fact remains that bank has reduced the rate of interest from 11.75% to 8.25% with effect from 24.01.2017. It is a housing loan. The stand taken by the bank that […]

NO Section 154 rectification order can be passed after the expiry of 4 years from the date of order sought to be rectified

January 30, 2022 5061 Views 0 comment Print

P.S. Jagdish Vs DCIT (ITAT Chennai) We noted that the return of income filed by the assessee was processed by CPC, Bengaluru and intimation u/s.143(1) of the Act was issued on 05.03.2012 (which is not disputed by Revenue). Admittedly, the AO passed rectification order on 20.06.2016. The claim of the assessee is that the rectification […]

Amount given for purchasing share holding cannot be treated as Loan for Section 2(22)(e)

January 30, 2022 1275 Views 0 comment Print

ITO Vs GRA Enterprises (ITAT Delhi) Assessing Officer while framing the assessment notice observed that the assessee had received total unsecured laon expenditure of Rs. 22,21,29,723/-, during the year out of which an amount of Rs. 950,000,00/- was received from M/s Telecare Network India (P), a closely held company having its office at Zen House, […]

Section 54F deduction claimable to the extent of capital gain amount utilized till return filing under Section 139(4)

January 30, 2022 5694 Views 0 comment Print

Smt. Chander Kanta Maheshwari Vs ITO (ITAT Delhi) Deduction under section 54F of the Act can be claimed to the extent of amount of capital gain utilized till the filing of the return under Section 139(4) of the Act. As in the instant case, the ld. Commissioner allowed the deduction under Section 54 of the […]

Interest on Idle fund deposited in bank temporarily is taxable as Business Income

January 30, 2022 3705 Views 0 comment Print

Habitate Realtech P. Ltd. Vs DCIT (ITAT Delhi) When it is a fact on record that the business fund lying idle with the assessee was invested in fixed deposit for earning some income which can be utilised in the business at the time of need, it has to be held that the interest income is […]

HC Expunges ‘Scathing’ Remarks Against Actor Vijay

January 30, 2022 828 Views 0 comment Print

C. Joseph Vijay Vs State of Tamil Nadu (Madras High Court) HC held that it is difficult to suggest that the petitioner had acted with malafide and with deliberate intention and thus, the observation made by the learned single Judge, apart from being unwarranted, are irrelevant to decide the issue. The order of the writ […]

HC quashes assessment order passed without issuing SCN & draft assessment order

January 30, 2022 1140 Views 0 comment Print

Haldia Steels Pvt. Ltd. Vs. Union of India (Calcutta High Court) In this matter the petitioner has challenged the impugned assessment order dated 28th September, 2021, under section 147 read with section 144B of the Income Tax Act on the ground of violation of principle of natural justice by not serving copy of the draft […]

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