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Delhi HC Quashes Section 148 reassessment Notices issued after 31.03.2021 as per old procedure

May 2, 2022 2388 Views 0 comment Print

Ramesh Arora (Earlier Known As Ramesh Kumar) Vs ITO (Delhi High Court) Learned counsel for the parties admit that as the impugned notices in the present matters have been issued post 31st March, 2021 without following the procedure prescribed in the substituted Sections 147 to 151 w.e.f. 01st April, 2021, the present matters are covered […]

TVAT: Appellate/Revisional authority not justified in out-rightly rejecting stay application

May 1, 2022 1107 Views 0 comment Print

We are of the view that both the appellate authority as well as the revisional authority were not justified in out-rightly rejecting the prayer for stay of the petitioner. Power to entertain prayer for stay is incidental and ancillary to the power to hear appeal and revision.

Adjudicating Authorities cannot Grant Section 10(23C) Approval with Retrospective Effect

May 1, 2022 1194 Views 0 comment Print

Bishnupur Public Education Institute Vs CIT (Exemption) (ITAT Kolkata) The adjudicating authorities under the Income Tax Act are quasi-judicial authorities. They can grant approval with retrospective effect if such mechanism is provided in the Act. There is no such provision nor there is any power to condone the delay after considering the reasonable reasons. A […]

Loan for Commercial Consideration & Business Expediency not attracts Deemed Dividend Provisions

May 1, 2022 1182 Views 0 comment Print

Yogesh Mehra Vs DCIT (ITAT Mumbai) Co-ordinate Bench has given categorical finding that all these loans and advances given to different companies by other companies are in the nature of loans and advances out of commercial consideration and business expediency. The co-ordinate Bench has given detailed reasons which stated that company has purchased land in […]

AO cannot disallow under section 14A without recording his Satisfaction

May 1, 2022 1323 Views 0 comment Print

Wanbury Limited Vs DCIT (ITAT Mumbai) ITAT find that during the year, the assessee has not earned any exempt income and further assessee denied that it has incurred any expenditure. Now therefore it is mandatory on part of the learned assessing officer to record a satisfaction that the claim of the assessee is not correct. […]

Section 138 of NI Act- Accused May Examine Complainant as A Witness to Disprove His Case

May 1, 2022 63033 Views 0 comment Print

S.M.D.Mohamed Abdul Khader Vs Muniswari (Madras High Court) The Honourable Supreme Court of India held that when the accused had taken specific stand that the complainant had no source of income to lend such a huge sum, the accused can very well prove the same by cross-examination, witnesses and materials. In this regard, the Honourable […]

Refund cannot be rejected merely for limitation if last day to apply was Public Holiday

May 1, 2022 1107 Views 0 comment Print

Credit Suisse Services India Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) Admittedly as has been held in the Order-in-Original and Order-in-Appeal in terms of Notification No. 12/2013-ST the last date for filing of such refund application is before 30.04.2018 or to say in specific terms on or before 29.04.2018, though the same is not […]

Rule 17 – Order VI CPC – Clerical Mistake in Verification of Pleadings can be Rectified

May 1, 2022 13371 Views 0 comment Print

Rohit Surfactants Private Limited Vs Kanodia Salt Company Ltd (Allahabad High Court) In Regu Mahesh (Supra), the Court while dealing with compliance of Rule 15 (2) of Order VI relying upon its earlier judgment in case of A. Sapa Vs. Singora, 1991 (3) SCC 375, held that defect in verification or an affidavit is curable. […]

SC Dismisses Plea for Injunction against Hindi Remake of Tamil Film ‘Valee’

May 1, 2022 468 Views 0 comment Print

S. J. Suryah (A.K.A S. Justin Selvaraj) Vs S. S. Chakravarthy (Supreme Court) We have heard Mrs. V. Mohana, learned Senior Advocate, appearing for the petitioner for about half an hour but unable to convince this Court on the injunction to be granted against the remake of the film ‘Vaalee’ in Hindi and other languages. […]

immunity from penalty cannot be denied for delay/default by Revenue

April 30, 2022 1824 Views 0 comment Print

Nirman Overseas Private Limited Vs National Faceless Assessment Centre Delhi (Delhi High Court) AO issued the impugned order dated 16th March, 2022 denying the immunity from penalty and prosecuting the Petitioner on the ground that since no order under Section 270AA had been passed by the jurisdictional Assessing Officer within the statutory timeline, it may […]

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