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Designation of 7 individuals as ‘Terrorists’ under UAPA, 1967

June 23, 2022 750 Views 0 comment Print

please refer to the Gazette notification of the MHA in respect of seven individuals who have been declared as ‘Terrorists’ and have been listed in the Schedule IV of the UAPA 1967, under Section 35 (1) (a) of UAPA 1967.

PM inaugurates ‘Vanijya Bhawan’ and launches NIRYAT portal

June 23, 2022 624 Views 0 comment Print

Prime Minister, Shri Narendra Modi inaugurated ‘Vanijya Bhawan’ and launched the NIRYAT portal in Delhi today. Union Ministers Shri Piyush Goyal, Shri Som Prakash and Smt Anupriya Patel were among those present on the occasion.

AO must grant stay till the disposal of the first appeal: HC

June 23, 2022 1155 Views 0 comment Print

Kshipra Jatana Vs ACIT (Delhi High Court) This Court is of the view that the restrictive stay order dated 11th March, 2020 issued by the Respondents granting stay to the petitioner only till 30th September, 2020 is in violation of the directions of the CBDT as well as previous orders of this Court wherein it […]

Interest on Refund of Excess Duty Paid cannot be rejected

June 23, 2022 789 Views 0 comment Print

MSG Enterprises Vs Commissioner of Customs (CESTAT Delhi) provisions of Section 27 A, which provides that, “ where a refund is not granted within three months from the date of receipt of the application, that shall be paid to the applicant with interest at such rate, as notified, on such duty, from the date immediately […]

Calcutta HC Directs GSTN to consider allowing of Amendment to GSTR-1

June 23, 2022 1473 Views 1 comment Print

Dynasoure Concrete Treatment Private Limited Vs Chairman, GSTN (Calcutta High Court) In this writ petition the petitioners have made a very innocuous prayer of direction upon the Chairman, Goods and Service Tax Network/respondent No. 1 to consider its representation dated 3rd May, 2022 seeking amendment in GSTIN by one recipient in GSTR-1 filed for the […]

Undisclosed business receipts -Only a percentage of profit embedded can be taxed

June 23, 2022 2916 Views 0 comment Print

In our considered view only a percentage of profit embedded in such amount of contractual receipts can be brought to tax. In this regard we find support and guidance from the order of the Hon’ble Gujarat High Court in the case of CIT vs. President Industries reported in 258 ITR 654 where it was directed to make the addition only to the extent of gross profit of undisclosed business receipts.

Addition cannot be made for refund of Advances paid against property

June 23, 2022 792 Views 0 comment Print

Sasi Enterprises Vs DCIT (ITAT Chennai) The assessee received refund of Rs.3.70 Lacs from one Mrs. Nagammal. In support, the assessee produced confirmation letter given by Shri P.V.Padmanadhan (son of deceased Mrs. Nagammal). It was stated that Mrs. Nagammal entered into an agreement for sale of 25 acres of land and received advance of Rs. […]

Section 194H TDS not Applicable on Commission to Credit Card Company

June 23, 2022 5121 Views 0 comment Print

Global Healthline Pvt. Ltd Vs ITO (ITAT Delhi) The first issue relates to disallowance of sum of Rs.20,83,340/- on account of credit card commission under Section 40(a)(ia) of the Act. It is the case of the assessee that provisions of Section 194H are not attracted having regard to nature of such expenses. It is contended […]

Amendment to Section 40(a)(ia) restricting disallowance to 30% is retrospective

June 23, 2022 5349 Views 0 comment Print

Punabhai G. Pardava Vs ITO (ITAT Rajkot) Assessee contended that the disallowance should be restricted to the tune of 30% of the rent paid under the provisions of section 40(a)(ia) read with section 194-I of Income Tax Act. The amendment was brought by the Finance Act (No. 2) 2014 effective from 1-4-2015 whereas the year […]

Commodity Derivatives Trading loss can be Set Off against Regular Business Income

June 23, 2022 6348 Views 0 comment Print

Ramesh Verma Vs ACIT (ITAT Lucknow) ITAT held that Reading clause (e) of the first proviso to section 43(5), and sections 70(1) and 73(1) of the I.T. Act together, it emerges that in the assessee’s case, since a derivatives commodity trading transaction is not a speculative transaction, loss arising therefrom can very well be set […]

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