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IBC section 7 Application not fulfilling the threshold of Rs. 1 Crore is not sustainable

June 16, 2022 663 Views 0 comment Print

Prafulla Purushottamrao Gadge Vs Narayan Mangal (NCLAT Delhi) The submission raised by the Counsel for the Appellant that the Application which has been filed on 25.06.2021 under Section 7 has to fulfill the requirements of threshold as introduced by Notification dated 24.03.2020 has substance. The Adjudicating Authority has not adverted to the said issue and […]

HC direct AO to pass speaking order after considering submission of appellant

June 16, 2022 618 Views 0 comment Print

SL Lumax Ltd. Vs DCIT (Madras High Court) Without expressing any opinion on the merits of the case, HC is inclined to set aside the orders impugned herein as well as in the writ petition and are accordingly, set aside. Consequently, the matter is remanded to the assessing officer to decide the decision for reopening […]

Value of diesel provided free of cost by service recipient not includible in value of GTA service

June 16, 2022 2061 Views 0 comment Print

The value of diesel filled free of cost (FOC) by the service recipient is not includable in the value of the GTA service proposed to be provided by the Applicant in the facts and circumstances of the present application subject to conditions as mentioned in draft Transport Service Agreement/ contract incorporated in the body of this decision/ruling.

FBT not leviable on mere provision for Approved Superannuation Fund

June 16, 2022 528 Views 0 comment Print

Jyoti Ltd. Vs DCIT (ITAT Ahmedabad) Solitary issue involved therein relates to the addition by Assessing Officer and confirmed by the learned CIT(A) being provision towards contribution to Approved Superannuation Fund for the purpose of determining liability of the assessee on account of Fringe Benefit Tax. FULL TEXT OF THE ORDER OF ITAT AHMEDABAD This […]

Belated ITR filing due to technical issues – Carry-forward of losses allowed

June 16, 2022 1782 Views 0 comment Print

Tenovia Solutions Pvt. Ltd. Vs ADIT (ITAT Chennai) The assessee suffered business-loss during the year and claimed carry-forward of losses for Rs.57,69,223/-. However, CPC has reduced the same to Rs.63,849/-. This was due to the fact that the last date of filing return of income was 31.10.2019. However, the return was filed 12 minutes and […]

Cash system of accounting- TDS credit allowable in year in which Receipts Are Offered to Tax

June 16, 2022 3198 Views 0 comment Print

N.C. Rajagopal & Co. Vs DCIT (ITAT Chennai) During appellate proceedings, the assessee submitted that the receipts have been offered on cash basis and therefore, TDS credit would be available as per Sec.199 of the Act i.e., in the year in which the respective receipts are offered to tax. In support, the assessee also filed […]

Section 68 additions merely for minimum income declared by parties not sustainable

June 16, 2022 648 Views 0 comment Print

AO cannot make additions only on the basis of minimum income declared by the parties, because the income earned by person cannot decide quantum of loan that a person can give

Non appointment of CEO & Whole-time CS – RD reduces penalty

June 16, 2022 678 Views 0 comment Print

The company being an unlisted public limited one with a paid-up capital of Rs. 29,70,00,000/- failed to appoint Whole-time Company Secretary within 06 (six) months from the date of casual vacancy i.e. from 17.02.2020 to 10.06.2022, in accordance ‘with Sec. 203(4) of the Companies Act, 2013 and also not appointed Chief Executive Officer (CEO-KMP) within […]

Section 271B penalty deleted for delay in Tax Audit Due to Ongoing Assessment under other Laws

June 16, 2022 825 Views 0 comment Print

Erumapalayam Primary Agricultural Co-Op Credit Society Vs ITO (ITAT Chennai) The Ld. AR pleaded that there was sufficient cause for delay in the audit since the assessee being cooperative society, it was governed by the Tamil Nadu Cooperative Societies Act, 1983 and the relevant rules 1988. For the relevant AY, the accounts of the society […]

e-mandates for recurring transactions – RBI increase limit to Rs. 15000

June 16, 2022 468 Views 0 comment Print

On a review of implementation of the e-mandate framework and the protection available to customers, it has been decided to increase the aforesaid AFA limit from ₹5,000/- to ₹15,000/-per transaction.

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