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Gujarat High Court

Section 263 revision not valid for duly explained cash payment exceeding threshold limit to AO with documents

December 6, 2022 864 Views 0 comment Print

PCIT Vs Shukla Dairy Pvt. Ltd. (Gujarat High Court) We note that during the assessment proceedings, assesses had submitted before assessing officer (AO), the cash payment register and explained each of the item of proposed addition as per show cause notice of assessing officer. The cash payment register, which is placed at paper book page […]

HC stays penalty imposed on IRP for alleged negligence

December 3, 2022 1263 Views 0 comment Print

It was C.O.C which has not taken efficient measures to complete the C.I.R.P of the Corporate Debtor Company. Even in the summary findings where the order of the adjudicating authority is quoted, it is made out that it was not the case that the C.O.C had raised any dissatisfaction with regard to the conduct of the petitioner or that there had been a lapse on his part.

Effective date of Notification would be the date on which it has been digitally signed

December 3, 2022 8997 Views 0 comment Print

The Honble Gujarat High Court held that the Notification could not be said to have been published without declaration form or digital signature certificate. Only after the declaration form and documents are signed digitally that they can be uploaded for e-publishing which has been done on 06.03.2018 at 19:15 hours in the present matter. Therefore, the effective date of Notification in terms of Section 25(4) of the Act is the date of its publication in Official Gazette in e-mode on 06.03.2018.

HC decline to instruct Ministry to reappoint Petitioner as judicial member of NCLT

December 1, 2022 918 Views 0 comment Print

Manorama Kumari D/O. Uma Shankar Prasad Vs Union of India (Gujarat High Court) Petitioner has prayed for issuance of writ of mandamus or certiorari or any other writ to direct the respondent Ministry of Corporate Affairs, Union of India, to complete the process of reappointment of the petitioner within time period. The second limb of the prayer […]

Explanation of nature of dispute not required in notice issued u/s 21 of Arbitration and Conciliation Act

November 21, 2022 1959 Views 0 comment Print

Gujarat High Court held that notice invoking arbitration clause issued under section 21 of the Arbitration and Conciliation Act, 1996 doesn’t require that the nature of dispute has to be enumerated or explained in the notice.

Genuineness of transaction examined during regular assessment cannot be base for reassessment

November 21, 2022 1017 Views 0 comment Print

Gujarat High Court held that details relating to share application money from the four entities was supplied by the assessee during regular assessment and AO was satisfied with the genuineness of the same Hence reopening the assessment doubting the same entries on the basis of change of opinion is unsustainable.

No concealment penalty if expense claimed twice reversed in subsequent year

November 21, 2022 921 Views 0 comment Print

It is not in dispute that the assessee accounted for provision of interest twice by mistake and on realising such mistake, necessary rectification entries were passed in the subsequent year and the same was offered as income.

Relief u/s 80CCC(1) not claimed so policy surrender value not taxable u/s 80CCC(2)

November 18, 2022 4557 Views 0 comment Print

Gujarat High Court held that amount invested in the pension policy is not claimed as relief under section 80CCC(1) and hence policy surrender value thereon is not taxabie under section 80CCC(2) of the Income Tax Act.

HC deletes addition for Foreign Exchange Fluctuation Earning not related to Business Activity

November 16, 2022 786 Views 0 comment Print

CIT Vs Hazira LNG Pvt Ltd (Gujarat High Court) CIT(A) recorded a finding that earning of the assessee from foreign exchange fluctuations was not in connection with its business activity. The finding was in the realm of appreciation of facts and material, therefore, is factual in nature. Such a finding came to be affirmed by […]

Reassessment based on same material examined in regular assessment is erred in law

November 7, 2022 2136 Views 0 comment Print

Gujarat High Court held that change of opinion on the part of the Assessing Officer acting on the same material which was examined by him in the regular assessment is erred in law.

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