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AO cannot reopen assessment in absence of any tangible material showing income escapement

December 1, 2022 651 Views 0 comment Print

Sikandar And Company Vs ITO (ITAT Pune) AO has to power to reopen, provided there is tangible material to come to the conclusion that there is escapement of income from other assessment. Further, there must be reasons recorded showing live link with the formation of the belief that there is escapement of income from assessment. […]

Form 10 filed manually with Income Tax Return: ITAT grants section 11 exemption

December 1, 2022 747 Views 0 comment Print

Ruikar Trust Vs ACIT (CPC) (ITAT Pune) Brief facts relating to the case are that the assessee is a charitable trust. The assessee claimed exemption u/s. 11 of the Act in the return of income. The CPC, Bangalore denied the said exemption for non-filing of Form 10 within time. Having aggrieved, the assessee challenged the […]

ITAT directs AO to restrict  disallowance to those investments which earned dividend income

December 1, 2022 417 Views 0 comment Print

It is to be presumed that the assessee made investments from its own funds but not from borrowed funds. If that is the case the disallowance under interest is not warranted. Therefore, disallowance under Rule 8D(ii) to an extent of Rs. 1,78,490/- is not maintainable.

Section 12AA mandates passing of order refusing or granting registration in writing

December 1, 2022 429 Views 0 comment Print

Shyama Sharma Charitable Trust Vs CIT, Exemptions (ITAT Chandigarh) The provisions of section 12AA provides that the CIT(E) after receipt of application and calling for such documents and information as he thinks necessary and after making such enquiries as he may deem necessary and after satisfying himself about the objects of the assessee society and […]

Not feasible to upload voluminous books on Income Tax Portal- ITAT directs AO to do physical examination

December 1, 2022 954 Views 0 comment Print

Piyush Overseas Pvt. Limited Vs DCIT (ITAT Chandigarh)  ITAT find merit in the contention of the ld AR that where the assessment has been conducted through a virtual electronic platform, it may not be feasible to submit and upload the voluminous books of account, sale / purchase register, cash book, and other ledger account along with […]

HC decline to instruct Ministry to reappoint Petitioner as judicial member of NCLT

December 1, 2022 702 Views 0 comment Print

Manorama Kumari D/O. Uma Shankar Prasad Vs Union of India (Gujarat High Court) Petitioner has prayed for issuance of writ of mandamus or certiorari or any other writ to direct the respondent Ministry of Corporate Affairs, Union of India, to complete the process of reappointment of the petitioner within time period. The second limb of the prayer […]

Appeal filing delay cannot be condoned without ‘Reasonable Cause’

December 1, 2022 984 Views 0 comment Print

ITAT held that As reasons given by assessee is not convincing and therefore the delay of 2886 days in filing the above appeal cannot be condoned.

Section 54 Capital Gain Exemption cannot be claimed for Multiple Flats

December 1, 2022 7974 Views 0 comment Print

Assessee is entitled for exemption u/s 54 only in respect of one flat and directed the AO to exempt cost of investment in one flat made before due date of filing return of income

Service Tax not payable on refundable security deposits from customers

December 1, 2022 1386 Views 0 comment Print

ATS Township Pvt. Ltd. Vs Commissioner Central GST (CESTAT Allahabad) The issue relates to inclusion of the amount collected by the appellant as Interest Free Maintenance Security (IFMS). Revenue’s contention is that the said collected amount would fall under the category of ‘Management Maintenance and Repair Services’ and would be liable to service tax separately. […]

Inclusion of Equity Exchange Traded Funds as list of eligible securities under Margin Trading Facility

November 30, 2022 372 Views 0 comment Print

SEBI allows units of Equity Exchange Traded Funds (Equity ETFs) categorized as Group-I security as per provisions of SEBI Circular MRD/DoP/SE/Cir-07/2005 dated February 23, 2005 as an eligible security for MTF as well as an eligible collateral under MTF.

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