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Judiciary

Section 35AC(7) is prospective | Plea of equity/hardship not legally sustainable: SC

August 1, 2019 1368 Views 0 comment Print

Assessee’s contention that assessee-charitable trust were not able to receive more amount by way of donation for their project in the third financial year 2017-2018 due to insertion of sub-section (7) of Section 35AC and therefore, Court may consider appropriate to invoke powers under Article 142 of the Constitution and allow assessee to receive

Bonus to director for services rendered when he was not a shareholder allowable

August 1, 2019 8322 Views 0 comment Print

Since the director was not a shareholder when bonus was paid to him and also the bonus was not paid out of the earlier years’ accumulated profits, therefore, deduction of bonus paid to director was allowable under 36(1)(ii).

Assessment not valid if section 143(2) notice was not issued within time limit

August 1, 2019 7632 Views 0 comment Print

Where notice under section 143(2) was not issued within the time limit prescribed in proviso to section 143(2), the assessment framed under section 143(3) pursuant to such notice was invalid and accordingly, the same was liable to be quashed.

Reassessment based on Vague reasons without application of mind is invalid

August 1, 2019 5961 Views 0 comment Print

Smt. Sapna Chauhan Vs ITO (ITAT Agra) It is settled position in law that the question of Jurisdiction is not a matter of acquiescence. The proprietary of Notice under section 148, based upon ‘reasons recorded’ is not dependent upon the objection or no objection by the assessee at the stage of assessment. If the Reasons […]

HC imposes penalty on a company for filing various frivolous petitions against CA / CA Firms

August 1, 2019 1728 Views 0 comment Print

Wholesale Trading Services P Ltd. Vs ICAI (Delhi High Court) Before concluding, it is also relevant to note that the petitioner has been filing various petitions before this Court in respect of complaints made before ICAI, despite having no particular interest in the matter. As noticed above, the petitioner has no connection or dealing with […]

Section 68 Addition- ITAT remands back the case to CIT(A)

August 1, 2019 1671 Views 0 comment Print

ACIT Vs Rohini Hotel (Madras) Pvt. Ltd. (ITAT Chennai) A perusal of the Page Nos. 6-13 of the Paper Book filed by the assessee shows that the assessee has filed certain reconciliation statements in respect of the shortfall of investments u/s. 68 added by the AO. The same are scanned and made a part of […]

No addition u/s 68 of bogus LTCG if assessee furnishes sufficient evidences

August 1, 2019 2310 Views 0 comment Print

Where the documentary evidences furnished by assessee clearly supported the claim of exemption under section 10(38) on account of sale of securities that assessee entered into genuine transaction of sale of shares through recognized exchange upon which STT had also been paid and there was no other evidence available on record against assessee so as to make the impugned addition under section 68, accordingly, addition was to be deleted. 

Interest on deposit received by Co-Op Bank made in ordinary course of business is Business Income

July 31, 2019 636 Views 0 comment Print

The issue under consideration is that the Income of interest received on advances should be considered as income from other sources or not?

HC allows Deduction Towards Construction of Houses for Needy Persons

July 31, 2019 888 Views 0 comment Print

Kanhaiyalal Dudheria Vs JCIT (Karnataka High Court) Assessee has incurred the expenditure towards construction of 169 houses for the villagers who had lost their home due to natural calamity. In order to cater to the needs of those destitute persons who had lost the roof over their head on account of natural calamity, assessee constructed […]

EPCG scheme: No interest payable on composition fee as same is not duty under Customs Section 28

July 31, 2019 3234 Views 0 comment Print

Lulu International Convention Centre Pvt Ltd Vs Commissioner of Customs Cochincus (CESTAT Bangalore) Appellant has discharged the export obligation and has also obtained redemption certificate from DGFT. Further I find that as per the EPCG Scheme, there is a provision that extension in export obligation period beyond two years period may be considered for a […]

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