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IBBI suspends registration of IP for arrest by CBI for alleged undue advantage demand

May 9, 2022 423 Views 0 comment Print

Mr. Maity is handling 13 assignments, which are ongoing. It has been mentioned in the press release, that the CBI has arrested Mr. Maity regarding demand for undue advantage of Rs.20,00,000/-.

Gujarat Industrial Development Corporation is not a governmental authority

May 9, 2022 4806 Views 0 comment Print

In re Gujarat Industrial Development Corporation (GST AAAR Gujarat) The appellant Gujarat Industrial Development Corporation submitted that they provide amenities like road, supply of water or electricity, street lighting, drainage, sewerage, conservancy etc and these qualify as ‘water supply for domestic, industrial and commercial purposes’, ‘public health, sanitation conservancy and solid waste management’ and ‘public […]

Tax liability of Assessee cannot be assessed on Presumption

May 9, 2022 2196 Views 0 comment Print

In our considered view the presumption cannot be real adjudication of an issue. The very purpose of income tax proceedings is to correctly assess the tax liability of an Assessee in accordance with law but not under presumption as held in this case.

No prohibition for NRI for accepting gifts from relatives- ITAT deletes addition

May 9, 2022 840 Views 0 comment Print

There is no prohibition for the NRI for accepting the gifts from the relatives. In the absence of any prohibition, no adverse inference can be drawn against the assessee based on the prevailing system in the society.

Tribunal can recall order passed in absence of respondent if sufficient cause exists

May 9, 2022 1446 Views 0 comment Print

Stella Maris Church Malpe Vs ITO (Exemptions) (ITAT Bangalore) We notice that the date of hearing of the appeal i.e. 23.12.2021 was announced on the earlier occasion on 6.11.2021. On that day, the counsel of the assessee Smt. K. Soumya, Advocate has taken note of the date of hearing and hence there was no necessity […]

ITAT deletes Section 56 addition for 1% difference in Valuation of Shares

May 9, 2022 456 Views 0 comment Print

Suzuki Suiting Pvt. Ltd. Vs I.T.O (ITAT Ahmedabad) Admittedly, the difference in the price of the share issued by the assessee and its fair market value and calculated and certified by the C.A. is barely 1% of its total value. The difference being Rs. 2.81 against the share value of Rs. 200/-, it is meager […]

Service Tax not payable on fee paid to State Govt in respect of manufacture, import & sale of alcoholic liquor

May 9, 2022 858 Views 0 comment Print

United Spirits Limited Vs Commissioner of Central Taxes (CESTAT Bangalore) CESTAT find that the adjudicating authority has confirmed the demand in respect of various fees paid to the State Government in respect of manufacture, import and sale of alcoholic liquor. The adjudicating authority, though dropped the demand on licence fee, but confirmed the demand on […]

Change of opinion not constitutes justification for Reopening

May 9, 2022 465 Views 0 comment Print

Lokhandwala Construction Industries Private Limited Vs DCIT (Bombay High Court) In this case, during the original assessment proceedings, a notice dated 19th October 2019 was issued under Section 142(1) of the Act by which petitioner was called upon to furnish copies of Index II(s) of three flats sold during the year. Petitioner responded by its […]

ITAT Grants further Stay to Infosys against Income Tax Demand of Rs.1564 Cr

May 9, 2022 570 Views 0 comment Print

Infosys Ltd. Vs DCIT (ITAT Bangalore) This stay petition is filed by the assessee seeking extension of stay granted by the Tribunal in SP No.83/Bang/2021 dated 29.10.2021 against the outstanding demand of Rs.1029,20,96,950 for the assessment year 2012-13. 2. The ld. AR submitted that the extension of stay was earlier granted by the Tribunal in […]

Bad debts cannot be disallowed merely because amount written off are larger advances

May 9, 2022 705 Views 0 comment Print

Canara Housing Development Company Vs DCIT (ITAT Bangalore) ITAT held that advances given for purchase of land in the normal course of business of carrying on real estate development, if not recoverable could be allowed as either trading loss u/s 28 of the Act or as expenditure u/s 37 of the Act. In fact, the […]

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