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Allahabad High Court

Addition U/s. Section 69C of IT Act is not mandatory, AO has discretion to add or not to add unexplained expenditure

November 9, 2017 6603 Views 0 comment Print

It is held that as the provision of Section 69C of the Act is not mandatory in nature, the Assessing Authority has full discretion either to add or not to add the unexplained expenditure in the income of the assessee based upon sound judicial principles

Allahabad HC stays CESTAT Notification on transfer of appeals

November 7, 2017 2067 Views 0 comment Print

Allahabad High Court on an application filed by CESTAT Bar Associationhas stayed the operation of the Notification dated 10-10-2017 providing for transfer of appeals from CESTAT Regional benches to the CESTAT bench at Delhi with the consent of the parties on the plea that such notification is without authority of law as the CESTAT cannot change the jurisdiction which is already carved out by the Union Cabinet and moreover, consent of parties does not confer jurisdiction.

Assessee not in-default for non deduction of TDS if recipient was not liable to tax

November 5, 2017 8715 Views 1 comment Print

It is an important aspect to be examined whether Recipient- Assessee has directly paid tax or has no liability of tax at all. Since this aspect was not examined by Assessing Authority, therefore, in our view, Tribunal has rightly remanded matter to Assessing Authority to examine this aspect.

No S. 12AA Registration cancellation for non-start of charitable or religious activity

September 30, 2017 2304 Views 0 comment Print

Registration U/s. 12AA cannot be cancelled on the ground that trust has not yet commenced charitable or religious activity- CIT vs. Shreedhar Sewa Trust (Allahabad High Court)

At registration stage of a charitable trust u/s 12AA CIT not required to look its activities

September 24, 2017 2043 Views 0 comment Print

This appeal under Section 260­A of Income Tax Act, 1961 (hereinafter referred to as the Act, 1961) has arisen from judgment and order dated 12.04.2017 passed by Income Tax Appellate Tribunal, Lucknow Bench A, Lucknow (hereinafter referred to as the Tribunal) in ITA No. 492/LKW/2016.

Section 271D Penalty applicable on Loan from Sister Concerns in Cash

September 23, 2017 2913 Views 0 comment Print

Assessee’s contention was that the entries were not in the nature of the loan or deposit on the face of it was not acceptable, as once any amount had been received by the assessee and the same was shown as received in its books of account, then it had partaken the nature of deposit and penal provision of section 271D was attracted.

CA guilty of misconduct for allowing use of his name in Prospectus despite Resignation

September 11, 2017 1623 Views 0 comment Print

Chartered Accountant Satish Kumar Gupta had resigned as Director of BLF before opening of the public issue of BLF irrespective of the fact that his resignation was allegedly accepted on 9.9.1997, in respect whereof no material was brought on record. Having resigned before the commencement of the public issue, his name could not have appeared […]

HC directs to issue GST ID/ pass word & registration certificate correctly

August 26, 2017 3666 Views 0 comment Print

The short grievance in this petition is under the GST the petitioner has been registered as sole proprietor in place of a partnership firm. In the short counter affidavit filed on behalf of respondents no. 1 to 4 in paragraph 11 it has been stated that the Joint commissioner (IT) in the office of the […]

No Penalty- When deeming provisions are applied for assessing income

July 24, 2017 5697 Views 0 comment Print

Hon’ble Allahabad High Court has in the case of Hariom Steels Pvt Ltd has held that penalty cannot be levied when deeming provisions are applied for assessing income.

Allahabad High Court Summons parties Through Whatsapp

July 14, 2017 2439 Views 0 comment Print

HC directs the learned Senior Advocate for the petitioner to send WhatsApp message to the Chairman, Sri Anil Pratap Singh and Dr. Ram Jeet Singh Yadav, Secretary/the Election Officer on their mobile requesting them to appear before the Court today.

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