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Section 271(1)(c) penalty not leviable for mere denial of section 54F Deduction

May 18, 2022 1068 Views 0 comment Print

Vikram Kalra Vs ACIT (ITAT Delhi) It is the case of the assessee that the provisions of Section 54F are beneficial in nature and the Courts have always accorded liberal interpretation and a small delay of few days have been condoned for the eligibility purposes. Even otherwise, in these circumstances, the imposition of penalty on […]

Interest/dividend from Co-Op Bank eligible for section 80P deduction

May 18, 2022 4782 Views 0 comment Print

Indian Bank Employees Cooperative Credit Society Limited Vs ITO (ITAT Mumbai) Brief facts are that the assessee is The Indian Bank Employees Cooperative Credit Society Limited. On perusal of the profit and loss account and the computation of income, the Assessing Officer observed that the assessee has offered net income from business and profession at […]

Tax Recovery: Property cannot be attached without ascertaining its Ownership

May 18, 2022 1980 Views 0 comment Print

Pravin Talakshibhai Kotak Vs PCIT (Gujarat High Court) HC held that  Principal Commissioner shall look into all documents which are on record and take an appropriate call as regards the attachment of the property-in-question. FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT By this writ application under Article 226 of the Constitution of India, […]

HC directs AO to consider representation of Assessee – Section 148A(d)

May 18, 2022 1014 Views 0 comment Print

Purnadisha Trading Private Limited Vs Union of India (Calcutta High Court) Petitioner in this writ petition has challenged the impugned order dated March 30, 2022 under section 148A(d) of the Income Tax Act, 1961 (Annexure P1/p.21) on the grounds that the impugned order dated March 30, 2022 has been passed by the assessing officer concerned […]

18% GST on Training & Awareness Programmes on Fire Prevention & Emergency

May 17, 2022 6507 Views 0 comment Print

In re Fire Prevent Systems (GST AAR Karnataka) Applicant is providing training to the trainees on fire prevention, the same is covered under SAC 999293 and is liable to GST at 18% as per Serial No.30 of the Notification No. 11/2017-Central Tax (Rate) dated 28th June, 2017 FULL TEXT OF THE ORDER OF AUTHORITY FOR […]

Daughter in Law cannot Claim Maintenance from Her Father in Law (FIL) if FIL not inherited any Estate from his son

May 17, 2022 21270 Views 0 comment Print

Laxmi & Anr Vs Shyam Pratap & Anr. (Delhi High Court) The petitioners have claimed maintenance under the Act 1956. Section 19 of the Act provides for maintenance to a widowed daughter-in-law. The daughter-in-law can claim maintenance from her father-in-law provided he has inherited some estate of her husband. The appellant has failed to disclose […]

In Revision proceedings CIT cannot travel beyond reasons given by him in SCN

May 17, 2022 2073 Views 0 comment Print

PCIT Vs . Universal Music India Pvt. Ltd. (Bombay High Court) Issues (a) Whether on the facts, in the circumstances of the case and as per law, the Hon’ble ITAT has erred in holding that in the revision proceedings the CIT cannot travel beyond the reasons given by him for revision in the show-cause notice […]

Assessment Order passed against Non Existing Entity Is Not Sustainable

May 17, 2022 1662 Views 0 comment Print

ITAT held that passing the assessment order against non existing entity is not sustainable in the eyes of law and the same is void ab initio.

Introduction of unaccounted money as LTCG: ITAT upheld addition

May 17, 2022 1689 Views 0 comment Print

After considering detailed reasoning by AO as to how assessee has introduced unaccounted money in the garb of LTCG, ITAT upheld addition.

Donation to Mosque not allowable as Business Expense

May 17, 2022 1425 Views 0 comment Print

M.D. Noorudin Zariwala Vs CIT (ITAT Mumbai) Disallowance of amount  paid to Mosque and debited as donation- It is evident from the letter of mosque produced by the assessee that the free lunch used to be provided by the mosque labourers/artisan etc. in that area. The facility of the assessee happened to be in vicinity […]

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