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HC dismisses appeal against deletion of addition for share premium/bogus purchases/Cash deposits in bank

January 21, 2022 7332 Views 0 comment Print

PCIT (Central) Vs Agson Global Pvt. Ltd. (Delhi High Court) 1. Dismissing a bunch of appeals against deletion of addition u/s 68 towards Share capital/ share premium, bogus purchases and deposit in bank account, the Hon’ble Delhi High Court vide judgment delivered on 19.01.2022 (yesterday) has held that where the ITAT decided the matter based […]

Department to attend technical glitch issues on Income Tax Portal at the earliest

January 21, 2022 7467 Views 2 comments Print

Southern Gujarat Income Tax Bar Association Vs Union of India (Gujarat High Court) In today’s hearing through Video Conference, Mr. Y.K. Singh, DGIT (Systems) and Mr. Krishnamurthy, Additional Director General of Income Tax, also joined in the discussion. We had the advantage of hearing Mr. Singh as well as Mr. Krishnamurthy. Mr. Singh and Mr. […]

Reassessment notice quashed for failure of AO to follow statutory formalities

January 21, 2022 3597 Views 0 comment Print

Reassessment notice was quashed with liberty to AO concerned to initiate fresh re-assessment proceedings in accordance with the relevant provisions of the Act as amended by Finance Act, 2021 and after making compliance of the formalities as required by the law.

ICAI Act should mandate members to disclose any criminal cases/conviction on periodical basis

January 21, 2022 7161 Views 0 comment Print

Mohit Bansal Vs Institute of Chartered Accountants of India (Delhi High Court) Facts- The petitioner was enrolled as CA on 25th January 2008. After his enrolment, vide judgement dated 23rd September 2009, the petitioner was convicted by the Trial court for the offences punishable under section 376(2)(g) read with Explanation I and section 506-II of the […]

Rajasthan HC disposes Plea seeking extension of due dates till portal Glitches removed

January 20, 2022 2493 Views 0 comment Print

Tax Bar Association Vs Union of India (Rajasthan High Court, Jodhpur) This public interest petition has been filed by the Tax Bar Association of Jodhpur pointing out various difficulties faced by the assessees on account of the official portal of the income tax department having various glitches. The first and the primary prayer made by […]

Imported Base Oil can be used as HSD or Automotive fuel in internal Combustion Engines: HC

January 20, 2022 6123 Views 0 comment Print

CESTAT ignored the fact that High-Speed Diesel imported under the guise of Base Oil SN 50 was being diverted as fuel by routing such goods through the purported manufacturers who claim to manufacture Bio-Diesel B100. Thus, department had es

If AO accepts objections of assessee and does not assess or reassess the income which was the basis of notice than he cannot made additions on other issues

January 20, 2022 2550 Views 0 comment Print

Yashoda Shivappa Nagangoudar Vs ITO (Bombay High Court) Mr. Walve submitted that as per explanation 3 to Section 147 of the Act, the Assessing Officer may assess or re-assess the income in respect of any issue which has escaped assessment even if such issue comes to his notice subsequently in the course of proceedings under […]

HC directs GST department to consider request of petitioners for issuing copies of statements

January 19, 2022 2385 Views 0 comment Print

Thomas Mathew Vs The State Tax Officer (IB) (Kerala High Court) While refusing to consider the request of the petitioners, the Proper Officer failed to state any reason. The officer had not mentioned that giving copy of the statements would cause prejudice to the investigation. The request of the petitioners for issuing copies of statements […]

Reopening of Assessment not permissible to take another view on same material

January 18, 2022 5697 Views 0 comment Print

Vodafone Idea Ltd. Vs ACIT (Bombay High Court) The entire basis for proposing to reopen, as can be seen from the reasons, is on the documents and submissions which were available before the Assessing Officer, before passing of the original assessment order. In fact, in the reasons, it is also recorded that the same issue […]

Matter involving large scale State Revenues should be disposed speedily: HC

January 18, 2022 699 Views 0 comment Print

Dalmia Refractories Limited Vs State of Tamil Nadu (Madras High Court) HC held that When large scale State Revenues are involved, more specifically, in mining operations, wherever writ petitions are entertained, the State must ensure that counter-affidavits and vacate stay petitions are filed immediately and the matter is taken up for hearing as expeditiously as […]

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