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Section 11 exemption cannot be denied merely for non filing of Form no. 10

December 22, 2020 7365 Views 0 comment Print

Trust For Reaching The Unreached Through Trustee Vs CIT (Exemptions) (Gujarat High Court) The writ-applicant is a public charitable trust. The writ-applicant seeks to challenge the order passed by the respondent dated 26th August 2019 under Section 119(2)(b) of the Income Tax Act, 1961, rejecting the application filed by the writ-applicant for condonation of delay […]

No Penalty if issue is debatable on which Appeal is been admitted

December 22, 2020 7977 Views 0 comment Print

Delhi High Court has upheld the deletion of the penalty on the ground i.e. the fact that appeals were admitted proved that the issue was debatable.

CIT(A) Cannot Reject Appeal merely on Technical Grounds

December 22, 2020 1290 Views 0 comment Print

Nirmala Devi Vs ITO (ITAT Delhi) Learned Counsel for the Assessee contended that assessee has uploaded the demand notice as well as paid the fees for filing of the appeal which have not been taken into consideration and that only one notice was issued for which date assessee sought adjournment which was also rejected. Therefore, […]

AO cannot disallow interest in section 80IA deduction working when same already been disallowed by Assessee

December 22, 2020 2487 Views 0 comment Print

GVK Jaipur Expressway Private Limited Vs. DCIT (ITAT Jaipur) It was submitted that the assessee on review of the appeal documentation noticed that it has suo-moto disallowed the interest receipts while computing book profits for the purposes of deduction u/s 80IA of the Act and the said fact has inadvertently escaped its attention at the […]

Appeal against non-admittance of application for advance ruling not maintainable

December 22, 2020 1164 Views 0 comment Print

In re Tirumala Milk Products Pvt Ltd. (GST AAAR Karnataka) in the instant appeal, the Appellant is aggrieved by the grounds on which the lower Authority has refused to admit the application for advance ruling which is that, the question on which the ruling was sought is a matter that is being investigated by the […]

Income Tax Jurisdiction Order No. 3/2020, Dated: 22.12.2020

December 22, 2020 7575 Views 0 comment Print

Jurisdiction Order No. 3/2020 In exercise of powers conferred by the Central Board of Direct Taxes (CBDT) under the sub section (1) and (2) of section 120 of the Income-tax Act, 1961 read with section 178 of the Finance Act 2016

Refund cannot be denied of Service Tax Deposited mistakenly

December 22, 2020 939 Views 0 comment Print

Metlife Global Operations Support Center Private Limited Vs Commissioner, Service Tax (CESTAT Delhi) The substantive benefit of service tax exemption provided under section 26 of the SEZ Act read with rule 31 of the SEZ Rules cannot be denied on procedural grounds. It is not in dispute that the appellant was not required to deposit […]

No valid belief can be formed on the basis of incorrect/non-existing facts

December 21, 2020 2730 Views 0 comment Print

Prithvi Raj Singh Vs I.T.O. (ITAT Jaipur) We found that the assessee had declared capital gain income in return which clearly shows that there is non-application of mind on the part of the A.O. while recording the reasons as he did not consider the return furnished by the assessee wherein capital gain income has been […]

AO Cannot Ignore Mandate of Rule 28AA & Proceed on Any Other Basis

December 21, 2020 2976 Views 0 comment Print

Manpowergroup Services India Pvt. Ltd. Vs CIT (Delhi High Court) THE ASSESSING OFFICER CANNOT IGNORE THE MANDATE OF RULE 28AA AND PROCEED ON ANY OTHER BASIS AS THE GOVERNMENT IS BOUND TO FOLLOW THE RULES AND STANDARDS THEY THEMSELVES HAD SET ON PAIN OF THEIR ACTION BEING INVALIDATED. CONSEQUENTLY, THE IMPUGNED ORDER IS QUASHED ON […]

Cash found & seized- Arguments must be substantiated by Documents

December 21, 2020 1257 Views 0 comment Print

Devendra Kumar Jhanwar Vs ITO (ITAT Jodhpur) The impugned addition stem from the fact that an amount of Rs.8 Lacs in cash (in old currency notes of denomination of Rs.500 & Rs.1000 as demonetized by government on 08/11/2016) was found from the possession of the assessee on 18/11/2016 at arrival terminal of Maharana Pratap Airport, […]

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