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Judiciary

ITAT Pune Upholds Section 271B Penalty for Failure to File Audit Report

June 13, 2023 384 Views 0 comment Print

ITAT Pune upholds penalty under Section 271B against Santosh Swarupchand for not filing an audit report, citing contradictions in an accountant’s affidavit.

ITAT Restores Matters for Fresh Decision by CIT(A) to grant Assessee fair opportunity

June 13, 2023 570 Views 0 comment Print

In a recent case, the ITAT found that the assessee did not receive a fair opportunity to represent its case before the first appellate authority due to circumstances beyond its control. As a result, the ITAT set aside the first appellate authority’s orders and restored the matters for a fresh decision.

Government Grants for specific purpose cannot be treated as Income of Assessee

June 13, 2023 1638 Views 0 comment Print

In a recent case (Howrah Improvement Trust vs. DCIT) heard by ITAT Kolkata, the addition of government grants as corpus or income was deleted.

Lessor’s Right to Depreciation on Leased Assets in Finance Lease Upheld by ITAT Delhi

June 13, 2023 3438 Views 0 comment Print

In a recent case (DCIT vs. Religare Finvest Ltd) heard by ITAT Delhi, it was ruled that lessor is entitled to claim depreciation on leased assets under a finance lease agreement.

Foreign Currency Convertible Bond expenses included as FCCB premium expense is allowable

June 13, 2023 507 Views 0 comment Print

ITAT Mumbai held that FCCB i.e. Foreign Currency Convertible Bond expenses included as part of FCCB premium expenses is allowable.

Arbitral award can be regarded as enforceable only if it is actually executable

June 13, 2023 2202 Views 0 comment Print

Delhi High Court held that the award can be regarded as enforceable only if it is actually executable. Accordingly, the Final Partial Award passed by the Arbitral Tribunal is unenforceable award.

Grant of anticipatory bail rejected as offence of fictitious registration under GST primarily established

June 13, 2023 606 Views 0 comment Print

Punjab and Haryana High Court dismissed the petition for grant of anticipatory bail in the case of fictitious firm/ company registration under GST as an offence is prima facie established against the petitioner.

No Section 271(1)(b) Penalty if Assessment completes U/s. 143(3)

June 13, 2023 3717 Views 0 comment Print

Explore the outcome of Ramabhai Kanjibhai Patel vs DCIT where the ITAT Surat negates penalty under Income Tax Act Section 271(1)(b) when the assessment gets completed under Section 143(3).

Rejection of technical bids justified as tax audit report didn’t contained UDIN

June 13, 2023 765 Views 0 comment Print

Uttarakhand High Court held that as per notification dated 02.08.2019, Tax Audit Reports are mandatorily required to have Unique Document Identification Number (UDIN). In absence, of the same, rejection of petitioner’s technical bids completely justified.

Revision u/s 263 rightly invoked as AO failed to inquire valuation of shares vis-à-vis provisions of section 56(2)(viib)

June 13, 2023 333 Views 0 comment Print

ITAT Kolkata held that AO failed to make required enquiries to go into the question of valuation of shares given by the accountant for the purpose of assessment of income as per provisions of section 56(2)(viib). Accordingly, revisionary power under section 263 rightly invoked.

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