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All High Courts

No addition U/s. 69 if Source of Funds was referable to Monies Pooled from Customers in the Form of Advances and Sales in Business

April 27, 2018 1182 Views 0 comment Print

The assessee is engaged in the business of purchase and sale of matching material for women clothing and she was also running a tailoring centre. For the year under consideration she declared total income of Rs. 1,33,900/- and net agricultural income of Rs. 52,450/-.

Approach GST IT Grievance Redressal Committee to resolve issues in revising of GST TRAN 1: HC

April 27, 2018 1899 Views 1 comment Print

Hon’ble Court may kindly be pleased to direct the respondents to reopen the portal immediately enabling the Petitioner Company to revises the filed FORM TRAN-1, so that the Electronic Credit Ledger is updated with the revised input credit.

HC reminds Bar Council of Its Duties and allowed income tax exemption U/s. 10(23A)

April 26, 2018 3111 Views 0 comment Print

It was held that The State Bar Council of Chhattisgarh is entitled for income tax exemption under Section 10(23A) of the Income Tax Act, 1961 with effect from 1-11-2000 (from the date of constitution of the Council).

Addition based on mere statement which was retracted later with proper reasons not justified

April 24, 2018 1089 Views 0 comment Print

No addition can be made solely on the basis of a retracted statement made during the survey operation, particularly, when proper justification for retraction was also offered.

Assessee cannot be asked to comply with a provision not in force at relevant time

April 23, 2018 2115 Views 0 comment Print

A party cannot be called upon to perform an impossible Act i.e. to comply with a provision not in force at the relevant time but introduced later by retrospective amendment. S. 40(a)(i) dis allowance can be made only if the royalty falls under Explanation 2 to s. 9(1)(vi) but not if it falls under Explanation 6 to s. 9(1)(vi)

ICAI not bound to take disciplinary action against its member merely because of receipt of reminder from SFIO

April 22, 2018 4665 Views 0 comment Print

Petitioner is a Chartered Accountant against whom information within the meaning of Rule 7 of the Chartered Accountants (Procedure of Investigation of Professional and other Misconduct and Conduct of Cases) Rules, 2007 was provided by Serious Fraud Investigation Office

Statement U/s. 132(4) Whether binding upon assessee or not

April 22, 2018 3921 Views 0 comment Print

Principal CIT Vs Manoj Hora (Delhi High Court) The text of section 132(4), clarifies that the presumption arises in the case of the searched party. In case the statements by the party whose premises are searched, or to be attributed to a third party – as in the case of the assessee, there has to […]

Penalty proceedings initiated after 6 months from receipt of Adjudicatory Order is time barred

April 21, 2018 11217 Views 0 comment Print

Salora International Ltd. Vs. CIT (Delhi High Court) A plain and textual reading of Section 275(1A) clarifies that the expiry of six months prescribed is to be reckoned from the date of completion of proceedings or from the end of the month in which the order of the CIT(A) or as the case may be […]

GST: Goods seized in transit to be released on tax payment as per SCN

April 17, 2018 2010 Views 0 comment Print

Iqra Roadways (India) Vs. State of U.P. (Allahabad High Court) In the instant case since the factual disputed issues are involved and further that the penalty proceedings are already initiated, as intimated by the counsel for the State, therefore, it would be proper in the interest of justice that the seized goods be released in favor of the petitioners on the payment of an amount of Rs. 1,11,564/- (as indicated in the show cause notice dated 26.9.2017).

Consultancy charges Incurred for making investment are allowable

April 16, 2018 3249 Views 0 comment Print

Where dis allowance was made by revenue under section 14A in respect of interest and administrative expenses, it was made clear that where assessee had its own surplus fund, then no question of any estimation of expenditure under rule 8D would arise. Thus, revenue was not justified in disallowing interest and administrative expenses, when the same was made out of interest free fund.

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