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Condonation Application not required to be filed after SC Order: NCLAT

January 16, 2022 15453 Views 0 comment Print

Essjay Ericsson Private Limited Vs Frontline (NCR) Business Solutions Pvt. Ltd. (NCLAT Delhi) When the limitation has extended by the Hon’ble Supreme Court in the orders noted above, for a period covering extension of limitation neither application is required nor there is any discretion of Court or Tribunal to consider sufficiency of delay. We are […]

ICAI expresses concerns on returning of Approach Paper for revision of existing AS by NFRA

January 16, 2022 5355 Views 0 comment Print

ICAI is extremely astounded and surprised to see that the Approach Paper on Revision of Existing Accounting Standards has now been returned by NFRA. It may be mentioned that while formulating the revised ASs as per the Approach Paper; transparent mechanism was followed by ICAI through all stages wherein exposure drafts were issued, comments thereon were discussed at ASB of ICAI

Internal TNMM preferred over external TNMM considering a higher degree of comparability

January 15, 2022 3408 Views 0 comment Print

Neilsoft Private Limited Vs DCIT (ITAT Pune) This appeal by the assessee is directed against the final assessment order dated 13-04-2021 passed by the Assessing Officer u/s 143(3) r.w.s. 144C(13) r.w.s. 143(3A) & 143(3B) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) in relation to the assessment year 2016-17. 2. The only […]

HC allowed release of cash seized in full to Income Tax Dept

January 15, 2022 6912 Views 0 comment Print

Union of India Vs State of Kerala (Kerala High Court) It is true that even while dismissing the application submitted by the petitioner herein, the learned Magistrate ordered to retain 30% of the amount for securing the interest of the Income Tax Department. Apparently, an amount of 30% was fixed under the impression that the […]

Appellant not allowed to somersault after passing of Final Order under the garb of rectification

January 15, 2022 1350 Views 0 comment Print

A.V. Agro Products Ltd. Vs Commissioner of Customs & Central Excise (CESTAT Delhi) It is held that vide the impugned application, the appellant is trying to bring a new case despite that his grievances have been settled not once but on several other occasions where he himself has admitted him to have same facts as […]

HC se-aside corruption charges for 6 years delay in filing charges sheet

January 15, 2022 10308 Views 0 comment Print

Bhupendra Pal Singh Vs Union of India (Bombay High Court) that there being no valid and acceptable explanation for the delay of almost 6 (six) years in issuance of the charge-sheet coupled with the fact that the petitioner attained the age of superannuation on November 30, 2011, it would be just and proper and in […]

Bogus ITC Case- HC grants bail to CA on furnishing bail bond of Rs. 50 Lakh

January 15, 2022 2421 Views 0 comment Print

Chartered Accountant Amit Agarwal seeks bail in OGST Act fraud case involving fake business entities and alleged GST fraud of Rs.319.64 crore.

DGGI Officials bust network involving fake invoices worth more than Rs 4,500 crore

January 14, 2022 2256 Views 0 comment Print

Recently a case was booked by DGGI against some fake firms, which were found non existing at their principal place of business. To trace the real persons behind these fake firms, the physical address from where GST returns were actually filed was ascertained. Then search was conducted on 06.01.2022 at that premises in Delhi. During search, it was found that proprietor is engaged in providing services of ‘Cloud Storage’ on his servers to various customers for maintaining their financial accounts.

ITAT allows Rental Income from subleasing of commercial properties for more than 12 Years as House Property Income

January 14, 2022 2112 Views 0 comment Print

DCIT Vs Pfizer Ltd (ITAT Mumbai) AO treated the rental income of Rs. 5,47,89,000/- received by the assessee from subleasing of commercial properties as income from business as against claim of the assessee being income from house property on the ground that renting out of premises amounts to commercial exploitation for business purpose by the […]

TP: Passing of final order without giving a Draft Assessment Order is bad in law

January 14, 2022 4317 Views 0 comment Print

Assessing Officer has assumed jurisdiction to straight away pass the final order without following the mandatory procedure prescribed under Section 144C of the Act. It is held in SHL (India) Private Limited (supra) that this is not a mere irregularity but an incurable irregularity.

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