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Section 263: PCIT cannot comment on issues not forming part of limited scrutiny

June 24, 2022 816 Views 0 comment Print

Baljeet Yadav Vs PCIT (ITAT Jaipur) It is evident from the assessment order and impugned order that the assessee’s case was selected for scrutiny under CASS for examination of cash deposits made in the bank during the demonetarization period. It is prima facie not clear whether it was a limited scrutiny case or a detailed […]

HC quashes order passed without considering objection or rejecting adjournment request

June 24, 2022 801 Views 0 comment Print

Calcutta High Court sets aside IT order in Aman Khetawat vs ITO case due to violation of natural justice. Fresh order instructed. Calcutta High Court sets aside IT order in Aman Khetawat vs ITO case due to violation of natural justice. Fresh order instructed.

Section 80IB Deduction allowed on Sale of Scrap Generated during Manufacturing

June 24, 2022 855 Views 0 comment Print

ITAT held that deduction under Section 80IB of Income Tax Act, 1961 allowable on scrap  generated during the manufacturing process.

Discussion Paper on Financial Self-Sufficiency of IBBI

June 24, 2022 858 Views 0 comment Print

The Insolvency and Bankruptcy Board of India (the IBBI/ Board) is one of the four key pillars of the ecosystem responsible for implementation of the Insolvency and Bankruptcy Code, 2016 (the Code).

HC quashes Income Tax Order passed after giving mere 3 days to reply to SCN

June 23, 2022 1842 Views 0 comment Print

Shubham Thakral Vs ITO (Delhi High Court) Learned counsel for the Petitioner states that only three days’ time was granted to the Petitioner to respond as against the mandatory statutory period of at least seven days. He further states that though the annexure annexed with the notice granted the Petitioner eight days’ time to respond, […]

Section 271(1)(c) Penalty not imposable if notice not Specify the Limb

June 23, 2022 1143 Views 0 comment Print

It has been held that notice issued by AO should specify which limb of Section 271(1)(c) of the Act penalty proceedings has been initiated.

Consideration for Resale of Computer Software Is Not Royalty

June 23, 2022 1035 Views 0 comment Print

consideration for the resale of the computer software through End User License Agreement (EULA)/distribution agreements, is not the payment of royalty for the use of copyright in the computer software, and that the same does not give rise to any income taxable in India

Use of Competitor’s Trademark as Keyword on search engines/App store not allowed

June 23, 2022 2481 Views 0 comment Print

HC held that, there would be no difference in the use of trade marks as a keyword on search engines as opposed to use as a keyword on App store searches. So long as the key words are being used for promoting a business, using a competitor’s trade mark, the same would be violative of the rights of the trade mark owner.

Section 10(10D) On maturity of life insurance policy only net income is chargeable to tax

June 23, 2022 4188 Views 0 comment Print

On maturity of life insurance policy, where section 10(10D) does not apply, it is only the net income which is chargeable to tax in the hands of the assessee.

ITAT deletes penalty for not getting account audited in absence of determination of turnover

June 23, 2022 624 Views 0 comment Print

Yuvraj Singh Vs ITO (ITAT Delhi) ITAT find that reasonable cause exists for failure of the assessee to get his account audited in respect of previous year relevant to Assessment Year 2011-12 in question. The assessee has claimed turnover in business to the tune of Rs.58,42,500/-which is below the threshold of Rs.60 lac applicable at […]

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