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ITAT upheld addition for circuitatious rotation of unaccounted money

November 24, 2022 1140 Views 0 comment Print

South West Drilling and Infrastructure Ltd Vs ACIT (ITAT Delhi) ITGAT find that the facts and circumstances narrate in the order of the authorities below clearly indicate that it is classic case of circuitatious rotation of unaccounted money. The lender has no identity in as much it is non­existent its sources of credits itself is […]

MPVAT: VAT Leviable for Trial Period of production too when Sale taken place during the same period

November 24, 2022 1020 Views 0 comment Print

Prism Cement-Unit II Vs Commissioner of Commercial Tax (Madhya Pradesh High Court) A bare reading of the expression “Business” u/S.2(d) of M.P. VAT Act, 2002 reveals that tax is leviable inter alia on the event of manufacturer whether or not such event is carried on with motive to make gain or profit and whether or […]

Addition deleted for Cash Deposits during demonetization out of withdrawals for Daughter’s Marriage –

November 24, 2022 969 Views 0 comment Print

Harjeet Kaur Vs ITO (ITAT Delhi) Admittedly, the assessee had deposited cash in her bank accounts during the demonetization period. However, before the Assessing Officer, the assessee had explained that such deposits were out of cash withdrawals made earlier by her for the purpose of her daughter’s marriage. The Assessing Officer has partly accepted assessee’s […]

Penalty not imposable on Service Tax Paid before Issuance of SCN

November 24, 2022 1578 Views 0 comment Print

Nurture Marketing Pvt. Ltd Vs Commr. of CGST & CX (CESTAT Kolkata) Appellant submitted that the commission in respect of volume purchase by the Second Level of distributor for the periods of 2006-07 to 2010-11 earned by the appellant is to the tune of Rs.1,22,46,991/- and the Service Tax on the same was Rs.13,94,933/- and […]

Penal interest for delay in payment of lease amount allowable- ITAT allows capitalisation

November 24, 2022 2061 Views 0 comment Print

ITO Vs Logix Buildtech Private Limited (ITAT Delhi) ITAT held that Penal interest arises out of default in payment of installment / lease rent as per the schedule agreed and the normal interest along with penal interest compounded half yearly was agreed to be paid on the default amount and for the default period as […]

Startup India launches Startup applications for MAARG Portal

November 23, 2022 1041 Views 0 comment Print

The Department for Promotion of Industry and Internal Trade (DPIIT), under the Ministry of Commerce and Industry, has launched a call for startup applications for registration on the MAARG portal, the National Mentorship Platform by Startup India. To further boost the Indian startup ecosystem, currently ranked 3rd largest globally, Startup India is focused on catalysing […]

Change of opinion or review while exercising Section 263 is not permitted

November 23, 2022 1221 Views 0 comment Print

PCIT has given his own observation which amounts to review and change of opinion or review while exercising Section 263 is not permitted by the Income Tax Statute. Thus, the PCIT was not right in exercising Section 263 in assessee’s case.

Section 35(2AB) deduction- ITAT allows Revision of unverified revenue expenditure

November 23, 2022 1101 Views 0 comment Print

Maharashtra Hybrid Seeds Company Private Limited Vs PCIT (ITAT Mumbai) PCIT has passed the impugned revision order for the reason that the AO has not properly examined the weighted deduction claimed u/s 35(2AB) of the Act vis-à-vis Form 3CL. However, the AO has reopened the assessment and has examined the above said Form 3CL, but […]

FMV of shares cannot be determined based on circle rate of property

November 23, 2022 1857 Views 0 comment Print

As per explanation a to section 56 (2)(viib) of Income Tax Act it has been specifically provided that fair market value of shares shall be based on (1) value determined under rule 11UA or (2) fair market value of under lying assets whichever is higher.

Section 35(1)(ii) deduction cannot be denied for subsequent retrospective cancellation of approval 

November 23, 2022 2421 Views 0 comment Print

Assessee was entitled to relief on the certificate granted by the prescribed authority u/s 35(1)(ii) of the Act to the institution to which it donated the sum of money for claiming deduction under that section if it was subsisting and valid at the time the donation was made.

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