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Take Action against Officials causing Revenue loss to State: HC to GST Dept.

August 1, 2021 2178 Views 0 comment Print

G.E. Govindaraj Vs Assistant Commissioner (CT) (Madras High Court) It is in the public domain that large scale and wider allegation of corrupt activities, more specifically, in Department like Commercial Tax Department, are prevailing and, people are lamenting about the corrupt activities in collusion with the traders at large in the State. However, no measures […]

Assessment order valid despite initial section 147 notices in wrong name if revenue identifies & corrects the mistake

August 1, 2021 3066 Views 0 comment Print

Principal Officer, M/s. Vedanta Limited Vs DCIT (Madras High Court) As far as the present Writ Petition is concerned, admittedly, the notice under Section 148 was issued in a wrong name. However, close reading of the name of the Company would reveal that the first word ‘Sesa’ is not alien to the petitioner Company and […]

HC upheld disallowance of Foreign Travel expense of wife on failure to prove that she was working as staff

August 1, 2021 801 Views 0 comment Print

P. Amarnath Reddy Vs ACIT (Madras High Court) It is pertinent to note that in the Assessment Order, M/s.Shoetek Agencies is the assessee’s proprietary concern and is engaged in the business of leather and leather products. In the Assessment Order, though the assessee contended that Mrs. Swetha Reddy went aboard in the capacity of Marketing […]

HC confirms addition for share capital advance as Assessee failed to prove identity, credit worthiness & genuineness

August 1, 2021 693 Views 0 comment Print

PCIT Vs SRM Systems and Software P. Ltd. (Madras High Court) The assessee disclosed share capital advance to the tune of Rs.6,17,81,000/- and they were directed to furnish names and addresses of the persons, who contributed the advance share capital. The assessee, by reply dated 15.12.2010, stated that the advance towards share capital is Rs.5,65,96,723/- however, […]

Payee cannot be denied TDS Credit for Failure of deductor to pay TDS

August 1, 2021 1782 Views 0 comment Print

Ashok Kumar B. Chowatia Vs JCIT (TDS) (Madras High Court) To the extent tax was deducted by the second respondent and not remitted by the second respondent to the Income Tax Department, recovery can be only directed against the second respondent as the second respondent is the assessee in default. The petitioner cannot be made […]

Lease rent from modules of STP is business income eligible for Section 80IA deduction

August 1, 2021 1014 Views 0 comment Print

CIT Vs Rishabh Infopark Pvt. Ltd. (Madras High Court) The only issue in the appeals of the Revenue is that the Income Tax Appellate Tribunal erred in holding that the lease rent income received from letting out modules of Software Technology park to various lessees would constitute income from business and eligible for deduction under […]

Section 147: Revenue to prove failure of Assessee in Full & True Disclose of All Material Facts

August 1, 2021 2667 Views 0 comment Print

PCIT Vs Superior Films Private Limited (Delhi High Court) When the assessee has filed a return u/s 139 of the Act or in response to sections 142(1) or 148 of the I.T.Act and when an assessment order u/s 143(3) or u /s 147 of the Act has already been passed then the assessee enjoys statutory […]

Deduction of telecommunication & travel expenditure incurred in foreign currency from Turnover for Section 10B deduction

August 1, 2021 543 Views 0 comment Print

CIT Vs HTC Global Services India Pvt. Ltd. (Madras High Court) Appellate Tribunal was not correct in confirming to reduce the expenses relating to telecommunication and travel expenses in foreign currency from the total turnover for computing deduction under Section 10B of the Income Tax Act. Further Appellate Tribunal was not right in excluding the […]

Faceless Assessment without adhering to Section 144B procedures is invalid

July 31, 2021 6003 Views 0 comment Print

Piramal Enterprises Limited Vs Additional/joint/Deputy/Assistant CIT/ITO National e-Assessment Centre (Bombay High Court) The HC declared that assessment for AY 2017-18 made u/s 143(3)  vide order dated 22.4.2021 was non est u/s 144B(9) of the Income Tax Act, 1961 for not adhering the procedure laid down u/s 144B(1) and u/s 144B(7/(vii) of the Act and holding […]

Depreciation allowable on Public Roads to developer

July 31, 2021 702 Views 0 comment Print

CIT Vs L & T Transportation Infrastructure Ltd. (Madras High Court) It is well-settled that there cannot be two owners of the property simultaneously and int he same sense of the term. The intention of the Legislature in enacting Section 32 of the Act would be best fulfilled by allowing deduction in respect of depreciation […]

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