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Before 01.04.2021 Section 12AA registration once granted is valid till withdrawn by a specific order

April 28, 2023 1413 Views 0 comment Print

Dolphin Educational Foundation Vs Income Tax Officer (ITAT Chennai) As per provisions of section 12AA of the Act, once a trust is registered u/s. 12AA, it is permanent unless it was withdrawn by a specific order from the authority. However, the law has been amended by the Finance Act, 2020 w.e.f. 01.04.2021 and as per […]

No section 14A disallowance based on assumption of tax-free income in future

April 28, 2023 1860 Views 0 comment Print

If there is no tax-free income, then no section 14A disallowance is to be made based on assumption that in future, some tax-free income will result to assessee on investment. 

Appeal Filed by revenue after IBC Moratorium Period is not Maintainable

April 28, 2023 1218 Views 0 comment Print

NCLT ordered liquidation of respondent company under IBC and claim of Department been rejected. So appeal filed by Revenue after moratorium period is not maintainable

Suo motu availment of Cenvat Credit reversed during Litigation: CESTAT Remands Matter back to adjudicating authority

April 28, 2023 768 Views 0 comment Print

Short issue involved in the present case for determination is as to whether appellant could suo motu take credit reversed during litigation

Insurance claim have no bearing on claim for remission of duty

April 28, 2023 900 Views 0 comment Print

In case the goods are lost or destroyed by natural causes or by unavoidable accidents during handling or storage in the store room or other approved premises the duty cannot be demanded.

To appropriate an amount, the same must be demanded as legitimate duty or dues

April 28, 2023 879 Views 0 comment Print

Only that amount can be appropriated which is actually demanded and confirmed by the authority as legitimate duty or dues.

Reassessment based on conjectures & surmises without any Tangible material is invalid

April 28, 2023 2514 Views 0 comment Print

Authority admits that there has to be some material on record on basis of which, A.O. would form a bonafide belief that income of assessee had escaped assessment

Order not erroneous if AO followed decision of High Court holding the field

April 28, 2023 1452 Views 0 comment Print

PCIT Vs SPPL Property Management Pvt. Ltd. (Calcutta High Court) Tribunal concluded that on both these issues, namely with regard to the provisions for doubtful debts and air-conditioner expenses, the assessing officer had conducted a detailed enquiry and thereafter completed the assessment. Secondly, it was held that the PCIT had erred in invoking the revisional […]

ITAT allows sales promotion expenses incurred through credit card

April 28, 2023 1110 Views 0 comment Print

Binayak Hi-Tech Engineering Ltd. Vs ITO (ITAT Kolkata) The Assessing Officer observed from the evidence furnished by the assessee that during the year, the assessee has incurred sales promotion expenses to the tune of Rs.10,51,242/-. The Assessing Officer noted that these payments were made towards payment of credit card bills of Ms. Priyanka Jhunjhunwala and […]

HC stays Penalty and Interest under GST as GSTAT not constituted

April 27, 2023 1608 Views 0 comment Print

HC held that Since the petitioner wants to avail the remedy under the provisions of law by approaching GST  appellate tribunal, which has not yet been constituted, the amount of penalty and interest demanded by authority shall remain stayed during pendency of the writ petition subject to the Petitioner depositing the entire amount of tax demanded.

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