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Judiciary

Power under PMLA to attach property ceases if liquidation order already passed

March 16, 2023 1737 Views 0 comment Print

Himachal Pradesh High Court held that PMLA [Prevention of Money Laundering Act, 2002] would cease the power to attach the property when the order of liquidation has already been passed.

Reference to DVO for correct fair market value mandatory if requested by assessee

March 16, 2023 4056 Views 0 comment Print

ITAT Mumbai held that even after request from assessee to refer DVO for correct fair market value of the subject property, AO was duty-bound to refer the same to DVO. Accordingly, matter remanded back with a direction to refer the matter to DVO and decide the issue.

SVLDR Scheme: HC allows payment after 30.06.2020 (due date) as challan was expired

March 16, 2023 2535 Views 0 comment Print

Innovative Antares Pvt. Ltd. Vs Union of India (Bombay High Court) Rejects Revenues contention that the payment could not be made beyond 30.06.2020 (due date). Rejects Revenues contention that the SVLDR Scheme is over The petitioner was a trader and service provider. It filed declaration under the SVLDR Scheme. The Form 3 was issued calling […]

Approaching court without allowing department to consider defence reply and afford hearing is not in accordance with law

March 16, 2023 1122 Views 0 comment Print

Madras High Court held that approaching court directly against the impugned notice without allowing department to consider the defence reply and providing opportunity of hearing is not in accordance with law. Accordingly, court directed petitioner to appear for personal hearing before respondent.

TDS u/s 195 not deductible as payment doesn’t qualify under fees for technical service

March 16, 2023 2262 Views 0 comment Print

ITAT Bangalore held that payment made towards service charges to CGTM France doesnot fall under the category of fees for technical service. Accordingly, TDS u/s 195 of the Income Tax Act not deductible.

Assessee being in tea plantation business, post disallowance of EPF, 40% will be taxable as per rule 8(1)

March 16, 2023 1497 Views 0 comment Print

ITAT Kolkata held that post disallowance of employee contribution to PF, only 40% will be taxed as business income in terms of applicable provisions of rule 8(1) of Income Tax Rules, 1962 as assessee is engaged in tea plantation business.

AAR refuses to admit application filed after initiation of Proceeding 

March 16, 2023 924 Views 0 comment Print

In re The Indian Hume Pipe Company Limited (GST AAR Andhra Pradesh) It is observed by the members of the authority for advance ruling that, audit was initiated by the jurisdictional authority under section 65 of the CGST act, 2017 and APGST act 2017,to verify all the issues regarding the business activities of the applicant […]

Cost of improvement based on valuation report of registered valuer duly allowable

March 16, 2023 2994 Views 0 comment Print

ITAT Jaipur held that cost of improvement cannot be rejected on the reason that building plan approval, property tax, etc. not provided as no building approval is required for construction area of 870 Sq. Fts and property tax was not leviable on the residential house property. Cost of improvement allowable as valuation report submitted.

Addition u/s 69A via rectification order u/s 154 based on surmises and conjectures unsustainable

March 16, 2023 1725 Views 0 comment Print

Pawan Raj Goyal Vs DCIT (ITAT Delhi) ITAT Delhi held that addition of unexplained money under section 69A of the Income Tax Act via rectification order passed under section 154 stating there was mistake apparent from record is based on surmises and conjectures and hence unsustainable. Facts- Assessee has preferred the present appeal contending that […]

ESOP expenditure is allowable under section 37(1) of Income Tax Act

March 16, 2023 14367 Views 0 comment Print

ITAT Delhi held that ESOP (Employees Stock Option) expense is allowable expense under section 37(1) of the Income Tax Act in computing the income in profit and loss of business or profession.

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