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Assessment without Section 143(2) notice is not justified in law 

May 27, 2020 2475 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct by annulling the assessment order on the ground that no notice under section 143(2) was issued before the completion of assessment?

Assessee eligible for TDS deducted on Income collected on behalf of Govt.

May 27, 2020 1089 Views 0 comment Print

The issue under consideration is whether A.O. is correct in denial of credit of TDS on rental income collected by the appellant under an agreement on behalf of Government?

Hostel Facility by Charitable Educational Trust cannot be held as business

May 27, 2020 3801 Views 0 comment Print

Harish Chand Ram Kali Charitable Trust Vs ACIT (ITAT Delhi) The issue under consideration is whether the CIT(A) is correct in concluding that the hostel running activity is a business activity? The assessee society was established with the aim to impart education and other charitable activities covered under section 2(15) of The Income Tax Act. […]

Retention money taxable in year of contract condition fulfillment

May 27, 2020 13617 Views 0 comment Print

Right to receive the retention money is accrued only after the obligations under the contract are fulfilled and the assessee had no vested right to receive the same in this assessment year, therefore, it would not amount to an income of the assessee in the year in which it is retained.

Higher discount justified if Goods imports in Bulk & maintain inventory by incurring Additional Cost

May 27, 2020 5385 Views 0 comment Print

Lutron GL Sales & Services Pvt. Ltd. Vs Commissioner of Customs (CESTAT Delhi) The issue under consideration is whether the percentage of enhancement to the transaction value ordered by the Deputy Commissioner of Customs is justified in law? In the present case, the appellant M/s Lutron GL Sales & Services Pvt. Limited imports lighting control […]

Mandatory Deposit of 20% of Tax liability is must for filing VAT appeal before Tribunal

May 26, 2020 8523 Views 0 comment Print

Shivshankar Solvent Extraction Private Limited Vs Commissioner, Commercial Tax Civil Lines (Chhattisgarh High Court) The issue under consideration is whether High Court can give relaxation from mandatory deposit of tax u/s Section 48(4)(ii) before filing appeal in front of Tribunal? Appellant is registered under VAT. Suo-Moto proceedings were initiated by Commissioner. In the proceeding F-form […]

Deposit of 20% can be dispensed with without High Court order

May 25, 2020 1602 Views 0 comment Print

High Court by referring to one of the judgment of the Division Bench of HC states that it would not be necessary that the payment of 20% can be dispensed with only if there is an order of the high court. The AO or the appellate authority while exercising the power of appeal or stay of the assessment proceedings under section 226 of the Income Act 1961 are enjoined obligation to give regard and respect to the directions of the Hon’ble High Court

No section 14A disallowance if there is no exempt income in that year

May 24, 2020 3621 Views 0 comment Print

DCIT Vs JSW Limited (ITAT Mumbai) The issue under consideration is whether A.O. is correct in restricting the disallowance under section 14A of the Income Tax Act, 1961, without appreciating the fact that the appellant company has not earned any tax-exempt income during the relevant assessment year? As per Section 14A of the Act, the […]

Section 45(2) not apply on Land transferred by partner as capital contribution recorded as stock-in-trade in books of firm

May 23, 2020 4167 Views 0 comment Print

ITO Vs Shri Mahendrabhai D. Zalavadia (ITAT Rajkot) The issue under consideration is whether section 45(2) will be applicable in situation where Land transferred by partner as capital contribution recorded as stock-in-trade in the books of firm? In the given case, ITAT state that the impugned land was transferred by the partners to the firm […]

Narcotic Drug Seizure by Tax Officers not amounts to Seizure under NDPS Act

May 22, 2020 1467 Views 0 comment Print

whether the act of the Income Tax Officers of collecting and keeping the Narcotic Drug found during search in safe custody constitutes a seizure?

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