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Judiciary

Amount transferred to reverse fund is to be included for computation of income of NBFC

June 14, 2023 1380 Views 0 comment Print

ITAT Kolkata held that amount meant to be transferred to reserve fund, as per section 45-IC of the RBI Act, very well falls in the definition of income of the assessee and accordingly, such amount is to be included for the purpose of computation of income under the Income Tax Act.

Appeal before NCLT not maintainable as appellant is not member of the company

June 14, 2023 942 Views 0 comment Print

NCLAT Delhi held that an appeal under the Companies Act, 2013 would be available to a ‘person’ who is either a ‘Member’ of the Company or a ‘Creditor’ or a ‘Director’. Since, appellant is none of these, appeal before NCLT is not maintainable.

Transfer Pricing: Assessee can resile from Most Appropriate method selected earlier

June 14, 2023 708 Views 0 comment Print

On appeal, the Tribunal concluded that the assessee could deviate from the earlier selected Most Appropriate Method if the new method was more in line with the applicable provisions.

Rigorous Imprisonment to Directors for failing to file income tax return on time

June 14, 2023 837 Views 0 comment Print

The case of ITO vs Saloni Jewellers Pvt. Ltd. revolves around the failure to file income tax returns in due time, an offence under Section 276CC of the Income Tax Act. The directors of the company were sentenced to six months of rigorous imprisonment due to the late filing of their income returns for AY 2014-2015.  

Delhi HC Quashes Order u/s 148A(d) for not considering reply of appellant

June 14, 2023 1431 Views 0 comment Print

Delhi High Court orders reevaluation in Upinder Kumar Wanchoo vs ITO, stressing fair hearing and document review under Sections 148A(b) and 148A(d) of the Income Tax Act.

Section 270A penalty Not Sustainable: Lack of Application of Mind & Violation of Principles of natural justice

June 14, 2023 2421 Views 0 comment Print

ITAT directs re-adjudication of penalty imposed under section 270A of the IT Act for misreporting of income without the application of mind.

Addition of deemed dividend in the hands of non-shareholders is unsustainable

June 14, 2023 891 Views 0 comment Print

ITAT Ahmedabad held that addition on account of deemed dividend as per section 2(22)(e) of the Act unsustainable in the hands of non-shareholders.

Addition towards bogus purchases unsustainable if bogus purchases shows higher gross profit than regular

June 14, 2023 1404 Views 0 comment Print

ITAT Mumbai held that addition towards bogus purchases unsustainable if the alleged bogus purchases show gross profit higher than the regular gross profit.

Deduction u/s 54B allowable even if nature of land converted to non-agriculture just before transfer

June 14, 2023 1956 Views 0 comment Print

ITAT Surat held that deduction under section 54B duly allowable in case the nature of land was converted from agriculture to non-agriculture purpose just before transfer of land.

Joint ownership cannot stand in way of claiming exemption u/s 54F

June 14, 2023 3111 Views 0 comment Print

ITAT Mumbai held that that the joint ownership of the property would not stand in the way of claiming exemption under Section 54F of the Income Tax Act.

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