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Section 14A not apply if no exempt income was received or receivable during relevant previous year

October 25, 2022 1695 Views 0 comment Print

PCIT  Vs Delhi International Airport Pvt. Ltd. (Delhi High Court)  present case is covered by the Division Bench judgment in Cheminvest Ltd. vs. CIT, [2015] 61 com 118 (Delhi), wherein this Court has held that the expression ‘does not form part of the total income’ in Section 14A of the Act means that there should […]

Incidental Interest Income eligible For section 10A Deduction

October 25, 2022 963 Views 0 comment Print

Whether ITAT erred in law in deleting addition as Income from Other Sources and holding it eligible for calculation of deduction under Sections 10A and 10B of Income Tax Act, 1961?

HC Quashed GST order passed without applying mind & considering records

October 25, 2022 2883 Views 0 comment Print

HC noted that this is one more case where respondents have passed such order under GST without applying its mind and without considering records.

HC quashed GST Assessment carried out by Investigating Officer who also Carried Out Search

October 25, 2022 3114 Views 0 comment Print

Swastik Plastics Vs Commissioner of DGST (Delhi High Court) 1. This writ petition came up for hearing for the first time on 05.04.2022, when after hearing the counsel for the parties, we had inter alia recorded the following: “2. This writ petition is directed against the order dated 11.03.2022, passed by the Assistant Commissioner, Delhi […]

Authority cancelling GST Registration must Indicate Reasons for the same in order

October 24, 2022 1617 Views 0 comment Print

Om Prakash Mishra Vs State of U.P (Allahabad High Court) A perusal of the Annexure no.2, makes it clear that no reasons whatsoever have been recorded while passing the order of cancellation of the registration of the petitioner’s firm. The order clearly being without any reason cannot be accepted to be an order in accordance […]

Collection Charges not payable if VAT Defaulter opts For Kerala Amnesty Scheme, 2017

October 24, 2022 579 Views 0 comment Print

B. Madhukumar Vs Commercial Tax Officer (Kerala High Court) It is not in dispute before the court that the petitioner had settled the liabilities in terms of the provisions contained in the Amnesty Scheme of 2017, which was introduced by the provisions contained in the Kerala Finance Act 2017. The provisions of Section 31A(2) of […]

No section 14A disallowance for Taxable dividend

October 24, 2022 2556 Views 0 comment Print

PCIT Vs IFFCO LTD (Delhi High Court) In view of Section 14A(1), no deduction is to be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under the As per Section 2(45) of the Act, ‘total income’ means the total amount of […]

SC judgment in Ashish Agarwal applies to section 148 notices issued during 01st April, 2021 to 30th June, 2021

October 24, 2022 6306 Views 0 comment Print

Nagesh Trading CO. Vs ITO (Delhi High Court) Directions given by the Supreme Court in Ashish Agarwal (supra) were applicable to cases, where notices under Section 148 of the Act had been issued during the period 01st April, 2021 to 30th June, 2021 – which is not the case in the present matter. Consequently, the […]

Missing foundational allegation in Section 148A(b) notice cannot be incorporated by issuing a supplementary notice

October 24, 2022 3000 Views 0 comment Print

If foundational allegation is missing in notice issued under Section 148A(b) , the same cannot be incorporated by issuing a supplementary notice.

GST order uploaded on website but not intimated to Assessee: HC allows time to file appeal

October 24, 2022 2406 Views 0 comment Print

Nirmala Menon Vs Assistant Commissioner (ST) (Madras High Court) To be noted, that the order is stated to have uploaded on the website of the portal, but the petitioner has not been intimated about such uploading by any means. It is only when coercive recovery was taken to recover the demand under the order that […]

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