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Judiciary

Section 143(2) Notice to Erstwhile Non-Existent Partnership Firm is Void-ab-Initio

June 4, 2020 2589 Views 0 comment Print

The issue under consideration is whether AO is correct in issuing notice u/s 143(2) in the name of erstwhile partnership firm which was a non-existent entity at that point of time?

Where own funds exceeds investment, no disallowance of interest can be made u/s 14A

June 4, 2020 1701 Views 0 comment Print

Gujarat State Energy Generation Ltd. Vs ACIT (ITAT Ahmedabad) Held that if the assessee can demonstrate the availability of surplus interest free funds for making investments that are generating tax free income, disallowance under Section 14A of the Act would not be justified. In this case, the own fund of the assessee exceeds the amount […]

ITAT dismisses ex-parte order of CIT denying Section 80G exemption

June 3, 2020 819 Views 0 comment Print

Whether the ex-parte order of the CIT(Exemptions) denying 80G exemption is justified in law? ITAT dismissed ex-parte order of CIT(E) on the basis of principles of natural justice

ITAT Dismiss appeals despite non-issue of Form 3 of Vivad Se Vishwas Scheme 2020

June 3, 2020 4725 Views 0 comment Print

Dismissal of Appeal by ITAT after filing Vivad Se Vishwas Scheme 2020 before receiving Form 3 from Department

HC directs GSTN for migration/transition of credit

June 3, 2020 1179 Views 0 comment Print

The petitioner states that since no provisional ID was received from GSTN, it proceeded to utilise an ID using random units that, admittedly, has no basis and was defective. Using this ID, business was conducted during the period 01.07.2017 to 21.08.2017 and credit was also earned.

Depreciation eligible on intangible asset viz., goodwill/ customer list

June 3, 2020 5310 Views 0 comment Print

The issue under consideration is whether the assessee is correct in claiming depreciation on customer list and goodwill by considering it as intangible asset?

MSBTE is ‘State’ under Indian Constitution & Exempt from Income Tax

June 3, 2020 2514 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in holding that the appellant is not a state under Article 289 of the Constitution of India and therefore, liable to tax under the Income Tax Act?

Profit Enhanced due to disallowance u/s 40(a)(ia) allowed for Dedcution u/s 10AA

June 3, 2020 3330 Views 0 comment Print

The disallowance of the expenditure u/s 40(a)(ia) would automatically enhance the taxable income of the assessee and the assessee is eligible for the deduction u/s 10A of the Income-tax Act on the enhanced income.

Reopening of portal for Transitional Credit | Dismisses SLP filed by Dept. | SC Not inclined to interfere ;

June 3, 2020 7380 Views 1 comment Print

CHOGORI INDIA RETAIL LTD Vs UOI-SLP Before Supreme Court on GST Transitional Credit issue : With a view to challenge the above order passed by the Hon’ble Delhi High Court, revenue filled a Special Leave Petition (SLP) against the same before the apex court.

E-filing of Appeal is Mandatory, Paper format of application not allowed

June 2, 2020 2022 Views 0 comment Print

Since as per amendment made in the law by which the electronic filing of the appeal before the authorities is mandatory, Hence the appeal filed by the assessee will be dismissed by ITAT directing them to file the appeal before CIT(A) in Electronic Form.

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