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Document not found during search on assessee cannot be subject matter for addition -section 153A

September 14, 2019 1641 Views 0 comment Print

DCIT Vs Vikas Jain (ITAT Delhi) Apparently, it appears that the seized document was found at a place other than the place where the search on the assessee has been carried out. Thus, in these circumstances, it cannot be said that this document was found in possession or control of the assessee. If that be […]

No exemption U/s. 10(23C)(vi) if Educational institution not exists solely for education

September 14, 2019 2571 Views 0 comment Print

Sutlej Educational Charitable Trust Vs CIT (E) (ITAT Amritsar) The only issue, thus, that survives is that the funds (or income) of the educational institution are (or, is) not to be utilized by the assessee-trust, owning and managing it, for any other (non-educational) object/purpose, which, as afore-noted, there are several (also refer para 2 of […]

No penalty for cash receipt and repayment of same due to business exigency

September 14, 2019 4998 Views 0 comment Print

CIT Vs Shri. T. Perumal (Madras High Court) Here is a case where the loan taken from friends and repayment of the same in cash. The reason that taking of loan is found to be genuine and the same is for business exigency, it is not a case of undisclosed income. If the assessee had […]

Prior period items to be included in determination of net profit or loss

September 13, 2019 18957 Views 0 comment Print

The issue under consideration is whether prior period items were to be included in the determination of the net profit or loss under Mercantile system of accounting

HC to ITAT: Mention citation and no general observations in order

September 13, 2019 1431 Views 0 comment Print

Pr. CIT Vs M/s. M. J. Exports Pvt. Ltd. (Bombay High Court) HC held that impugned order of the Tribunal after recording that the issue stands covered by various decisions of the Supreme Court and the various High Courts cases observes ‘admittedly, there are contrary decisions where it is held that interest paid on delayed […]

GST not payable on damages/compensation paid for a legal injury

September 13, 2019 20823 Views 0 comment Print

Bai Mamubai Trust Vs Suchitra (Bombay High Court) In the present case, where the Plaintiff has made out a strong prima facie case and the Defendant has not been able to demonstrate any semblance of right to occupy the Suit Premises, it cannot be said that the Defendant’s occupation pursuant to an Order of the […]

Section 44AD: Mere submission of Balance sheet not proves Maintenance of Books of Accounts

September 13, 2019 20526 Views 0 comment Print

Mr. Pradeep Jain Vs ITO (ITAT Delhi) The assessee has filed the return of income for assessment year under appeal declaring income of Rs.9,63,920/-, out of which, income was declared at Rs.9 lakhs under section 44AD of the I.T. Act, 1961. In subsequent A.Y. 2016-2017 also, assessee declared income under section 44AD of the I.T. […]

GST defaulter can be released on conditional bail on bond with sureties

September 13, 2019 1053 Views 0 comment Print

In the given case, the applicant is facing charges under Sections 132(1)(b) and 132(1)(c) of the Central Goods and Services Tax Act, 2017, for which maximum sentence is of five years. Hence the applicant wanted to apply for regular bail.

RTI Information supplied after statuary period of delay- Rs. 25000 penalty imposed

September 13, 2019 2331 Views 0 comment Print

Rajesh Kumar Patel S/o Shri Ramsharan Vs Chief Information Commission (Chhattisgarh High Court) Admittedly, in this case, up till the filing of the second appeal, no information was supplied, however, the information when was supplied i.e. the copy of the cash-book, the petitioner contended that one copy was supplied twice. The commission therefore, on such […]

Interest paid on delay in paying customs duty is deductible

September 13, 2019 15732 Views 0 comment Print

M/s M. J. Exports Pvt. Ltd. Vs DCIT (ITAT Mumbai) The facts in brief are that the Collector of customs levied customs duty and penalty on the goods imported by the assessee in F.Y. 1988-89 vide order dated 28th January 1994 and subsequently, levied interest for not paying the customs duty and penalty in time. […]

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