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Unabsorbed depreciation can be Carried Forward beyond 8 Years

August 23, 2021 40845 Views 0 comment Print

CIT Vs KMC Speciality Hospitals India Ltd (Madras High Court) It can be said that, current depreciation is deductible in the first place from the income of the business to which it relates. If such depreciation amount is larger than the amount of the profits of that business, then such excess comes for absorption from […]

HC stays Section 263 order as Mandatory twin pre conditions were prima facie not fulfilled

August 22, 2021 1488 Views 0 comment Print

In view of above aspects, we find that a prima facie case has been made out by the petitioner. Considering the balance of convenience and irreparable loss that the petitioner may suffer, further process pursuant to the order dated 24.03.2021 under Section 263 of the IT Act shall remain stayed until further order(s).

Delhi HC Issues Notice – Why Form GSTR 2 & 3 Not yet Operational

August 21, 2021 9687 Views 0 comment Print

United Construction Co. Vs Union of India (Delhi High Court) 1. Delhi HC has issued notice and directed the Secretary, Revenue to file an affidavit as to why FORMS GSTR-2 and  GSTR-3  have not been made operational despite the CGST having come into force four years ago. 2. The High Court noted that non-uploading of […]

HC allows expense on Foreign Education & Training of Partner related to Business who continued after education

August 21, 2021 5277 Views 0 comment Print

Aswathanarayana & Eswara Vs DCIT (Madras High Court) Expenditure incurred by assessee-firm on partner’s foreign education was to be allowed as deduction when such education was directly related to profession carried on by firm – Madras HC Legal Provisions involved Any expenditure not being in the nature of personal expenses of the assessee laid out […]

Section 263 Order of AO must be erroneous & prejudicial to interest of revenue

August 21, 2021 2166 Views 0 comment Print

CMJ Breweries Private Limited Vs Union of India (Gauhati High Court) it is submitted by Dr. Saraf that the pre-condition to be present for invoking the Section 263 of the IT Act is absent in this case inasmuch as there is no prima facie satisfaction by the Principal Commissioner on the basis of the materials […]

HC cannot decide matter of excise duty rate & needs to be filed before SC

August 21, 2021 1512 Views 0 comment Print

Commissioner of Central Excise Vs Indian Oil Corporation Limited (Guwahati High Court) Whichever way we look at this dispute, what goes to the root of the present dispute is as to at what rate the duty was liable to be paid by the assessee, i.e. whether it was a duty liable to be paid on […]

HC lifts Provisional GST assessment as no Section 73 & 74 proceedings were pending

August 19, 2021 3213 Views 1 comment Print

Powers under Section 83 of the GST Act with regard to provisional attachment could be exercised only during pendency of proceedings either under sections 62 or Section 63 or Section 64 or Section 67 or Section 73 or Section 74.

HC stays section 148 notice issued after 31.03.2021 as per omitted provisions

August 18, 2021 1722 Views 0 comment Print

Vijay Kumar Devnani Vs ITO and Anr. (Madhya Pradesh High Court) Madhya Pradesh High Court Stays Section 148 notice issued after 31st March 2021 as per the section 148 provisions which were effective only till 31st March 2021. The petitioner has challenged the validity of the Notification No. 20/2021 dated 31.03.2021 and Notification No. 38/2021 […]

HC stays section 148 notice issued after 31st March, 2021

August 18, 2021 2457 Views 0 comment Print

Sai Kripa Farms Vs ITO (Madhya Pradesh High Court) In this judgements notice issued u/s 148 have been stayed by the Madhya Pradesh High Court for being issued after 31st March, 2021 as per the omitted provisions. The petitioner has challenged the validity of the Notification No. 20/2021 dated 31.03.2021 and Notification No. 38/2021 dated […]

Reopening for accommodation entry based on inquiries & Investigation report was valid: HC

August 18, 2021 3876 Views 0 comment Print

Sanjay Baulal Surana Vs ACIT (Gujarat High Court) 1. The function of the assessing authority at this stage is to administer the statute and what is required is a reason to believe and not to establish fact of escapement of income and therefore, looking to the scope of Section 147 as also sections 148 to […]

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