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Section 263 Order on Non-Existent Entity is unsustainable

November 22, 2019 1221 Views 0 comment Print

The issue under consideration is whether Passing of revisionary order against amalgamating company which was not in existence on the date of order is justified in law?

TDS u/s 194J Applicable on Payments by TPA to Hospitals on behalf of Insurance Companies

November 19, 2019 8883 Views 0 comment Print

The issue under consideration is whether TDS u/s 194J will be applicable on payments made by TPA to hospitals on behalf of insurance companies for settling medical or insurance claims?

Approval to issue Section 148 notice has to be given by JCIT & not by PCIT

November 14, 2019 3930 Views 0 comment Print

In the present case the Chief Commissioner of Income tax is not the officer specified in section 151 of the Act. There is thus a breach of requirement of section 151(2) of the Act regarding sanction for issuance of notice under section 148 of the Act. Consequently, the impugned notice and the impugned order cannot be sustained in law. The Petitioner, therefore, is entitled to succeed.

Release goods despite expiry of E-way bill on furnishing of Bank Guarantee for Tax & Penalty

November 8, 2019 1068 Views 0 comment Print

As per Section 129 of GST Act, the detention notice has been passed on the ground that the validity period of the e-way bill that accompanied the transportation had already expired at the time of detention.

Legal expense for complain against directors in individual capacity not allowable

November 6, 2019 1485 Views 0 comment Print

Legal expenses incurred to protect the Directors of the company in respect of the complaints filed against them in their individual capacity will not allowed under section 37 as business expenses.

No section 92CA(3) Adjustment for Corporate Guarantees

November 6, 2019 2811 Views 0 comment Print

The issue under consideration is whether the deletion of adjustment made u/s 92CA(3) of the Act on account of interest on loan and on account of corporate guarantees is justified in law?

Section 56(2)(vii)(b) Addition by adopting Land Value of Adjacent Area is unjustified

November 5, 2019 1599 Views 0 comment Print

The issue under consideration is whether the AO is correct in adopting land value of adjacent area, just because the colony is adjacent to a road, which has a higher guideline value is justified in law and in ignoring the specific guideline value fixed by the Government in respect of specific colony or flat?

Section 10AA Deduction allowable on enhanced profits after considering section 69C disallowance

November 4, 2019 3222 Views 0 comment Print

ITAT Jaipur ruling on Amrapali Exports Vs DCIT case. Can deduction u/s 10AA be claimed on enhanced profits after disallowance u/s 69C? Read now.

Accepted cash deposits above Rs. 20000- Section 271D penalty leviable

October 30, 2019 3129 Views 0 comment Print

Assessee could not establish any ‘reasonable cause’ with respect of acceptance of the deposits in cash, exceeding the permissible limit, imposition of the penalty was re-affirmed.

AO cannot reject Section 54 exemption if amount was deposited in capital gain deposit account

October 30, 2019 1470 Views 0 comment Print

whether AO is correct in holding that the assessee was not entitled exemption u/s.54 of the Act by rejecting the claim of the assessee to have deposited in capital gain deposit account?

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