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Applicant subjected to enqiry/ investigation/ audit not eligible under SVDRS scheme

September 13, 2022 558 Views 0 comment Print

Held that applicant, subjected to any enquiry or investigation or audit, is not eligible to make a declaration under ‘Voluntary Disclosure’ under SVLDRS Scheme

Disallowance u/s 40(a)(i)/ 40(a)(ia) unsustainable as amount not claimed as revenue expenditure

September 13, 2022 2907 Views 0 comment Print

Held that disallowance by invoking provisions of section 40(a)(i)/ 40(a)(ia) unsustainable as the alleged amount is not debited to the profit and loss account and accordingly not claimed as deduction under profits and gains of business or profession

Audit Objection cannot be basis of AO’s ‘Reasons to Believe’ after lapse of time period of 6 Years

September 13, 2022 2907 Views 0 comment Print

An audit objection did not satisfy the requirement of AO having an independent ‘reason to believe’ that income had escaped assessment, that too after the elapse of nearly six years from the end of the relevant assessment year, therefore, the impugned reassessment proceedings were vitiated.

Dues of Secured Creditor would prevail over State Tax Department dues: HC

September 13, 2022 4563 Views 0 comment Print

Bombay High Court held that rights created by SARFAESI Act would have the overriding effect over any State Acts and accordingly Secured Creditor would have first right over the State Tax Departments.

Reassessment Proceedings against Reassessment order Stayed by Delhi HC

September 13, 2022 4476 Views 0 comment Print

United Associates Vs ITO (Delhi High Court) A Writ Petition was filed in Hon’ble Delhi high Court to set aside the notice dated 28.06.2022 issued by the Income Tax Department under section 148 of the Income Tax Act, 1961 and order u/s 148A(d) issued by the Respondent No.1 under section 148 of the Income Tax […]

Gyanvapi case: Plea for Worship Maintainable – Varanasi Court

September 13, 2022 1314 Views 0 comment Print

Smt. Rakhi Singh Vs State of U.P (District Court of Varanasi) In Gyanvapi case court rejected the Muslim side’s petition and said the suit is maintainable. The next hearing of the case is on Sep 22. Court held that suit of the plaintiffs is not barred by the Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983, […]

Aggrieved person who initiates lis has a right to withdraw the same before it is finally decided

September 13, 2022 2568 Views 0 comment Print

It is trite law that whenever a litigant invokes a particular remedy available under a Statute, then the authority before whom the lis is preferred and pending, is ordinarily duty bound to decide the same on merits.

Penny stock/accommodation entry – Reassessment notice must contain relevant documents 

September 13, 2022 1953 Views 0 comment Print

Assessee found to be a beneficiary of accommodation entries and been instrumental in manipulating prices of several penny stock scrips on stock exchange.

Forming an opinion that enquiry is required to be held is mandatory: HC

September 13, 2022 2502 Views 0 comment Print

Sunita Agarwal Vs Securities And Exchange Board of India (Gauhati High Court) Rule 4(3) of Securities and Exchange Board of India (Procedure for holding enquiry and imposing penalties) Rules, 1995  i.e. PR-1995 inter-alia provides that if after considering the cause shown pursuant to the notice under Sub-Rule 1, the adjudicating officer is of the opinion […]

Remedy for withholding of Duty drawback & IGST/unutilized ITC by tagging as Risky Exporter

September 13, 2022 1782 Views 0 comment Print

Duty drawback & IGST/unutilized ITC refund of exporters are withheld by department without assigning reasons & tagging as Risky Exporter

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