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Section 148A(c) casts a duty on AO to consider reply of assessee

June 22, 2022 4815 Views 0 comment Print

Aten Capital Private Limited Vs ACIT (Delhi High Court) Since the impugned order under Section 148A(d) has been passed on 5th April, 2022 i.e. after receipt of the detailed reply of the petitioner dated 4th April, 2022, the Assessing Officer should have considered the same as it was available on record. By not considering the […]

S. 138 NI Act: Mere Undisputed Signatures on Cheque Not Sufficient For Conviction

June 21, 2022 9276 Views 0 comment Print

Parveen Mehta Vs Vishal Joshi (Punjab & Haryana High Court) HC held that undisputed signatures of the respondent on the cheque in itself is not sufficient for conviction under Section 138 of the Act. One of the ingredient for succeeding under Section 138 of the Act is that the cheque was issued for discharge of […]

Construction works contract services- 12% GST on annuity & early completion bonus

June 21, 2022 3765 Views 0 comment Print

In re ULCCS Calicut City Infrastructure Development Private Ltd (GST AAR Kerala) it is evident that the service rendered by the applicant as per the concession agreement is a continuous supply of works contract services and the annuity is in sum and substance is consideration for the works contract services rendered. Since the cost of […]

Section 68 addition valid if Assessee Fails to Prove Creditworthiness of Creditors

June 21, 2022 810 Views 0 comment Print

Sumo Advertises Pvt. Ltd. Vs ACIT (ITAT Delhi) A perusal of the assessment order reveals that during the course of the assessment proceedings, the Id. AO asked the appellant to establish the credits appearing in its books of account. However, no details were filed by the latter. As per the provisions of section 68, the […]

Penalty not imposable merely for making of a claim, which is not sustainable in law

June 21, 2022 729 Views 0 comment Print

Mere making of a claim, which is not sustainable in law, would not, ipso facto, amount to concealment of income or furnishing of inaccurate particulars of Income

NFRA imposes Penalty and Sanctions on a CA for professional misconduct

June 21, 2022 10218 Views 0 comment Print

Considering the fact that professional misconduct has been proved, NFRA imposes monetary penalty of Rs 100,000 upon CA Gulshan Jagdish Jham.

Delay in Appeal filing cannot be condoned for Lack of communication with Tax Advisors

June 21, 2022 780 Views 0 comment Print

Further, there is lack of communication between the tax advisors and the Board of Directors due to which the appeal could not be filed before this Tribunal within stipulated time. He stated that this appeal was filed with a delay of 423 days when a call received from the office of Tax Recovery Officer regarding tax arrears and made enquiries with tax counsel, came to know that the appeal against the order of CIT(A) is required to be filed.

Constitutionality of First Proviso to Section 148 – Rajasthan HC Issues Notice To Govt

June 21, 2022 1365 Views 0 comment Print

Maya Rathi Vs ITO (Rajasthan High Court) We find that the validity of first proviso to Section 148 of Income Tax Act, 1961 has been assailed on the ground that the explanation ‘income chargeable to tax has escaped assessment’, has been restricted in its meaning under the explanation-1 to that provisions. Learned counsel for the […]

HC directs UP govt to Ensure Strict Compliance with Section 14 of SARFAESI Act

June 21, 2022 2802 Views 0 comment Print

Asset Reconstruction Company India Ltd. Vs State Of U.P. (Allahabad High Court) Chief Secretary of the State of Uttar Pradesh to issue clear directions to all the concerned authorities in the State of Uattar Pradesh to comply strictly the provisions of Section 14 of the SARFAESI Act, 2002 and handover physical possession of the secured […]

No Return of Court Fees When Parties Referred to Arbitration under Section 8 of A&C Act

June 21, 2022 3372 Views 0 comment Print

A-One Realtors Pvt. Ltd Vs Energy Efficiency Services Ltd (Delhi High Court) It is settled law that a litigant is not entitled to refund of court fees in case of rejection of plaint under Order VII Rule 11 of the CPC where the plaint does not disclose a cause of action. On the same analogy, […]

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