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Judiciary

Show Cause Notice without date, time & venue of personal hearing violative of natural justice

June 17, 2023 4446 Views 0 comment Print

The court deemed the show cause notice invalid as it failed to include essential details such as the date, time, and venue of the personal hearing

License fee based on turnover and profit not equated as regular rent is not taxable under ‘renting of immovable property’

June 17, 2023 1317 Views 0 comment Print

CESTAT Chennai held that license fee are accruing to appellants is based on the turnover and profits of the hotel business. Accordingly, such transaction cannot be one of ‘renting of immovable property’ as the consideration is not like a regular rent but is dependent on the annual performance and profits of the hotel.

Addition for cash deposited in Bank: ITAT Remits the Case for Further Adjudication

June 16, 2023 2376 Views 0 comment Print

ITAT Amritsar’s decision in the case of Hari Chand Vs ITO. The appeal challenged the addition of unexplained cash deposits and undisclosed interest income. The ITAT remitted the case back to the AO for further adjudication, emphasizing the need for proper verification and a reasonable opportunity for the assessee. Gain insights into the grounds raised by the assessee and the arguments presented by both parties in this case.

AO cannot take the position of business man to ascertain GP ratio

June 16, 2023 2478 Views 0 comment Print

ITAT upheld the decision of the Commissioner, who had correctly deleted the addition made by the Assessing Officer. The Assessing Officer had added the differential margin to the assessee’s income based solely on a comparison between industry gross margin and the assessee’s gross margin, without conducting a thorough analysis of the assessee’s business strategy.

Proceedings u/s 153A can be initiated only based on incriminating materials found during search of assessee’s premises

June 16, 2023 3003 Views 0 comment Print

ITAT Ahmedabad held that in the proceedings under section 153A of the Act, the assessment can only be made based on incriminating materials found/ collected during the search from the premises of the assessee. Addition unsustainable no material of incriminating nature was found from the premises of the assessee.

Claim of eligibility u/s 29A of IBC duly rejected as MSME certificate obtained subsequent to initiation of CIRP

June 16, 2023 2253 Views 0 comment Print

NCLAT Chennai held that as the Application for MSME certificate was made after the commencement of CIRP, such unauthorized Application cannot be considered and cannot tide over ineligibility under Section 29-A of the Insolvency and Bankruptcy Code, 2016.

Referring to TPO u/s 92CA invalid post omission of clause (i) of Section 92BA

June 16, 2023 1143 Views 0 comment Print

ITAT Jaipur held that referring impugned domestic transaction to TPO u/s 92CA is invalid in view of omission of clause (i) of section 92BA vide Finance Act, 2017.

Review petition dismissed as notices issued u/s 148 had valid base for triggering an enquiry

June 16, 2023 639 Views 0 comment Print

Delhi High Court held that it cannot be said that the notices issued u/s 148 of the Income Tax Act had no basis for triggering an enquiry, and therefore, were invalid. Accordingly, review petition dismissed.

Registration u/s 12AA granted to trust created for managing statutory obligation of employees of parent trust

June 16, 2023 648 Views 0 comment Print

ITAT Delhi held that registration u/s 12AA to trust created for managing the statutory obligations of employees of the parent trust is granted as the same falls within the ambit of advancement of general public utility and, hence, to be considered as a charitable activity as defined u/s 2(15) of the Act.

Deduction u/s 80P(2)(d) is available on entire interest income which includes amount credited to balance sheet

June 16, 2023 1224 Views 1 comment Print

ITAT Mumbai held that deduction under section 80P(2)(d) is allowable on the entire interest income received by the assessee from the Co-operative bank which includes the amount credited to the balance sheet.

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