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SEBI (Intermediaries) (Amendment) Regulations, 2022

August 1, 2022 1902 Views 0 comment Print

These regulations may be called the Securities and Exchange Board of India (Intermediaries) (Amendment) Regulations, 2022.

Draft IRDAI (Expenses of Management of Insurers Transacting General or Health Insurance Business) Regulations, 2022

August 1, 2022 1155 Views 0 comment Print

Exposure Draft Insurance Regulatory And Development Authority Of India (Expenses Of Management Of Insurers Transacting General Or Health Insurance Business) Regulations, 2022

Usurpation of jurisdiction by AO to reopen assessment is legally untenable

August 1, 2022 621 Views 0 comment Print

Srijal Gupta Vs ITO (ITAT Amritsar) After a thoughtful observation of the fact of the case we decided that the reopening was made u/s. 148 related to purchase of property amount to Rs.9,53,750/-. But after completion of assessment, the ld. AO had accepted the assessee’s investment and had not added any amount related to source […]

Eviction Charges Paid for clearing encroachments allowable as Business Expense

August 1, 2022 894 Views 0 comment Print

Orchid Foundations Pvt. Ltd Vs ITO (ITAT Chennai) The intended purchaser i.e., M/s SVC made efforts for clearing the encroachments and incurred expenditure of Rs.811.75 Lacs which were paid through banking channels. The details of payment as well as the bank statement and acknowledgement / receipts were already furnished to Ld. AO during the course […]

ITAT Imposes Cost on Assessee for negligence to Income Tax Notices

August 1, 2022 474 Views 0 comment Print

Satya Prakash Vs ITO (ITAT Delhi) ITAT consider it necessary to impose a token cost of Rs.2,000/- to the assessee in aggregate owing to continued negligence shown to the statutory notices at both the levels. The assessee shall deposit the cost awarded in favour of ‘The Prime Minister Relief Fund and receipt thereof shall be […]

Equipment Lease Rent paid Without Acquiring Ownership is Revenue Expense

August 1, 2022 2292 Views 0 comment Print

Sundaram Infotech Solutions Ltd Vs ITO (ITAT Chennai) We find that there is no quarrel on the proposition since the only dispute under the appeal is tax treatment under finance lease. The operating lease transactions have not been disturbed by Ld. AO and the only dispute is qua deduction of principal component under finance lease […]

Ambiguity in penalty notice & findings make order levying penalty void ab initio

August 1, 2022 1011 Views 0 comment Print

Triune Energy Pvt Ltd Vs DCIT (ITAT Delhi) In regard to second charge for which penalty is levied for interest on TDS it can be observed that the ld AO in his assessment order had not mentioned a word regarding his satisfaction for proceeding with penalty proceedings u/s 271(1)(c) of the Act while passing the […]

Section 68 addition merely for non-registration of MOU not sustainable

August 1, 2022 1074 Views 0 comment Print

Vishwanath Ramchandra Panvelkar Vs DCIT (ITAT Mumbai) We notice that the AO has expressed doubt only on the MOU entered by the assessee with M/s Samarth Enterprises, since it was not registered. However, the AO is placing reliance on the very same MOU to express the view that the assessee should have forfeited the advance […]

HC slams Income Tax Dept for acting Thick-Skinned during Pandemic

August 1, 2022 531 Views 0 comment Print

Department should have adopted liberal approach in refusing request for time for filing objection to draft assessment order and finally passing assessment order. The department acted thick skinned.

To claim benefit of Private Beneficiary Trust Assessee must prove the same with evidence

August 1, 2022 717 Views 0 comment Print

Ramgopal Thirani Family Trust Vs DCIT (ITAT Kolkata) We observe that the claim of assessee is that it is a Private Beneficiary Trust and thus, it was required to file its return of income on ITR-5, but inadvertently it filed ITR-7, which is meant for charitable trust claiming exemption(s). Before ld. CIT(A), it was submitted […]

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