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HC grants Custody of Undisclosed Looted Property To I-T Dept From Police

March 15, 2022 927 Views 0 comment Print

Jahar Singh Gurjar Vs State of M.P. (Madhya Pradesh High Court) It is the case where petitioner as a complainant is seeking refund of his part of looted amount on interim custody from the trial Court. Total amount, which was recovered allegedly from the possession of the accused, was Rs.53,16000/- whereas the petitioner is seeking […]

Addition For unexplained expenditure cannot be made on mere presumption

March 15, 2022 14199 Views 0 comment Print

Seven Jewels Vs ACIT (ITAT Mumbai) As per the provisions of section 69C of the Act, in case the assessee fails to explain the source of expenditure or part thereof to the satisfaction of the AO, such expenditure shall be considered as unexplained expenditure and be deemed to be income of the assessee. In the […]

Notice issued within few hours of information would not mean non-application of mind

March 15, 2022 1860 Views 0 comment Print

Chhagan Chandrakant Bhujbal Vs ITO (Bombay High Court) Power vested in the commissioner under Section 151 of the Act to grant or not to grant approval to the Assessing Officer to re-open an assessment is coupled with duty and the commissioner is duty bound to apply his mind to the proposal put up to him […]

Section 272A(1)(d) penalty not leviable if reasonable cause for non-compliance shown

March 15, 2022 116664 Views 0 comment Print

Triumph International Finance India Limited Vs DCIT (ITAT Mumbai)  The first appellate authority has rejected the explanation furnished by the assessee for non-compliance of the notice issued under section 142(1) of the Act merely for the reason that during penalty proceedings under section 272A(1)(d) of the Act, the assessee has not stated the reasonable cause. […]

AO cannot change his opinion in immediate next assessment year without there being any change in facts 

March 15, 2022 2529 Views 0 comment Print

Once having accepted this position, the Assessing Officer cannot change his opinion in immediate next assessment year without there being any change in facts and circumstances. We find no infirmity in the impugned order, hence, the same is upheld.

Penalty not sustainable when addition itself is on a weak footing

March 15, 2022 735 Views 0 comment Print

Statement of survey without any corroborative material cannot be the sole reason for addition to income. In this view of the matter, when the addition itself is on such a weak footing, penalty u/s. 271(1)(c) for such an addition is not at all sustainable.

ITAT allows Course Fee Paid to Harward Business School for Director

March 15, 2022 1155 Views 0 comment Print

Incom Cables Pvt. Ltd. Vs Addl. CIT (ITAT Delhi) In the present case, there is no dispute that the Director of the assessee Company who was looking after the functioning of the assessee Company, has joined to the course in Harward Business School and Management and the assessee Company has incurred the expenditure of Rs. […]

Reopening of assessment with incorrect reasons is bad in law

March 15, 2022 2334 Views 0 comment Print

ACIT Vs Rakhi Properties and Leasing Pvt. Ltd. (ITAT Mumbai) We observe that Assessing Officer completed the assessment based on the reasons recorded for reopening that assessee has received share application money from Mr. Shirish C. Shah, who provides accommodation entries. Subsequently when the remand report filed before Ld.CIT(A) in which Assessing Officer has agreed […]

Tariff Notification No. 17/2022-Customs (N.T.) Dated: 15.03.2022

March 15, 2022 1020 Views 0 comment Print

Tariff Notification No. 17/2022-Customs (N.T.) Dated: 15.03.2022 – Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver- Reg. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi Notification No. 17/2022-CUSTOMS (N.T.) | Dated: 15th March, 2022 S.O. 1166(E).—In exercise of the powers conferred by […]

GST on Security Services rendered to various sites of Municipal Corporations

March 15, 2022 8439 Views 0 comment Print

In re Maharashtra Ex-Servicemen Corporation Ltd. (GST AAR Maharashtra) Whether the Chapter No. 99, Sr. No. 3 of the Exemption Notification No. 12/2017 is applicable to MESCO Ltd. for the pure services i.e. Security Services rendered to various sites of Municipal Corporations in relation to functions entrusted to it under Article 243 W of the […]

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