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Disallowance u/s 40(a)(ia) not applicable to Short-Deduction of TDS

February 19, 2020 6861 Views 0 comment Print

Impugned disallowance u/s 40(a)(ia) does not apply in a case involving short deduction of TDS. ITAT therefore go by the very reasoning and direct the Assessing Officer to delete the impugned disallowance.

Adjudicating authority must look-into issue of fraudulent initiation of proceedings under IBC: SC

February 18, 2020 3639 Views 0 comment Print

Considering the provision of Section 65 of the IBC, it is necessary for the Adjudicating Authority in case such an allegation is raised to go into the same. In case, such an objection is raised or application is filed before the Adjudicating Authority, obviously, it has to be dealt with in accordance with law.

HC limits Bank Account attachment to amount lying to the credit on the date of attachment

February 18, 2020 1854 Views 0 comment Print

The bank attachment would be limited to the amounts which were lying to the credit of the petitioner in CC A/c, at the time of freezing and any further credit which may come would not be under attachment.

Whether NCLT Moratorium Order covers pending GST proceedings

February 17, 2020 3960 Views 1 comment Print

National Plywood Industries Ltd. Vs Union of India And Anr. (Gauhati High Court) In the given case the issue under consideration is whether the order of moratorium of the National Company Law Tribunal also covers the proceeding pending before the GST authorities under the GST Act 2017? The Hon’ble National Company Law Tribunal, Guwahati Bench […]

ITAT extends Stay Period for Google India for 6 months

February 17, 2020 945 Views 0 comment Print

The ITAT has granted an extension of stay period to IT giants Google India citing a reason for the delay in non-disposal of appeal. In the given case, the assessee has filed the Stay Petition for extension of stay of outstanding demand. However, the revenue has challenged the above stay order passed by the Tribunal before the Hon’ble High Court.

Cancellation of GST Registration without considering reply of Taxpayer- HC Set aside the order

February 14, 2020 2526 Views 0 comment Print

Great Sands Consulting Private Limited Vs Union of India & ors. (Bombay High Court) In this case order cancelling GST Registration has has been passed without considering the reply and on the ground that no reply is filed, the impugned order will have to be set aside and the proceedings will have to be restored […]

HC directs payment of Development / Environmental Cess at increased rate till disposal of Appeal by SC

February 14, 2020 1371 Views 0 comment Print

The Petitioner herein accordingly is directed to continue depositing the Cess amount as per revised rate under protest as they have been doing in the past. The said deposit would be subject to the outcome of the Civil Appeals by the Honble Supreme Court.

Condonation of delay in filing appeal due to Financial crisis & Labour unrest justified

February 14, 2020 1845 Views 0 comment Print

United Tropican Veneers Private Limited Vs. ACIT (ITAT Cochin) These appeals were filed by the ex-Directors of the assessee-company with a delay of 329 days. Petitions for condonation of delay were filed by the ex-Directors along with affidavits of the ex-Managing Directors stating therein that the quantum assessments and penalty orders were passed subsequent to […]

ITAT imposes penalty on appellant for not appearing before AO & CIT(A)

February 13, 2020 987 Views 0 comment Print

Tariqrashid M. Munshi Vs I.T.O (ITAT Ahmedabad) ITAT held that assessee deserve to be penalized for non-appearance before theCIT (A) and Assessing Officer and  imposes penalty of Rs. 5000/- upon the assessee and instructed him to deposit the same in the Income Tax Office before the commencement of his proceedings before the AO. FULL TEXT […]

License Fees received for use of IT Parks assessable as Business Income

February 13, 2020 642 Views 0 comment Print

Assessee is a company which had undertaken development of integrated township. The assessee had claimed the license fees received from the persons for the use of the IT Parks provided along with various infra structural and other facilities and services under the head ‘Income from business’. However, the AO had considered the same under the head ‘Income from house property’.

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