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Judiciary

WBVAT: Order against Resigned Director – HC directs Magistrate to pass speaking order

May 13, 2023 381 Views 0 comment Print

Sushil Kumar Gupta & Ors. Vs State of West Bengal & Anr. (Calcutta High Court) Learned advocate for the petitioners submits before this Court that the present petitioner No.-3 has resigned from the company as a Director in the year 1994 and the other petitioners have no connection in the alleged occurrence of offence, however […]

Forfeited share capital is Capital Receipt & not taxable under section 56(2)(ix)

May 13, 2023 3915 Views 0 comment Print

Mangal Credit and Fincorp Ltd. Vs DCIT (ITAT Mumbai) In the instant case, the assessee has received money on issuing share capital in the form of exercise of rights in share warrants. The share capital so collected by the assessee is not in the course of negotiations for transfer of capital asset. The shares so […]

Belated Section 139(3) Return – No prohibition to adjust brought forward losses 

May 13, 2023 561 Views 0 comment Print

assessee has filed the return of income belatedly for the year under consideration but there is no prohibition to adjust the brought forward losses against the income declared belatedly in the return of income under the provision of section 139(3) of the Act.

Service tax cannot be demanded by Kolkata unit if Visakhapatnam unit already initiated action 

May 13, 2023 192 Views 0 comment Print

Visakhapatnam Service Tax Commissionerate has initiated separate action against the Respondent at their Visakhapatnam unit for non payment of appropriate service tax there.

CESTAT allows Abatement in Construction Contract based on CA Certificate

May 13, 2023 315 Views 0 comment Print

Certificates issued by the Chartered Accountant and Chartered Engineer, go on to establish the fact of use of material in the work executed by the appellants. Therefore, we are of the considered opinion that the contract was not simplicitior but was a composite contract. Therefore, we find that the appellants are entitled for the abatement of 67% of the value as claimed by them. 

Penalty order cannot be dismissed for settlement of Quantum addition under VSVS

May 13, 2023 906 Views 0 comment Print

Penalty was levied under section 271 B of the Act on the ground that tax audit report under section 44AB of the Act was not filed by the assessee before filing of return of income and no explanation was given.

GST: Adverse order cannot be passed without providing opportunity of hearing even if not asked

May 13, 2023 1287 Views 0 comment Print

HC held that even without any request for personal hearing by an assessee, officer must have to provide personal opportunity of hearing, if the order is contemplated to be adverse.

Foreign insurance policy not declared in return- Bonafide mistake – Penalty deleted

May 13, 2023 1005 Views 0 comment Print

Addl. CIT Vs Tejal Ashish Mehta (ITAT Mumbai) The assessee has furnished a copy of Income Tax return for assessment year 2016-17. A perusal of the same shows that in Schedule – EI, wherein the assessee was required to declare exempt income, the assessee has duly reflected the maturity value of the insurance policy. The […]

NCLT cannot refuse admission of section CIRP application if default occurred: SC

May 13, 2023 1962 Views 0 comment Print

SC held that once NCLT is satisfied that default occurred, no discretion left with NCLT to refuse admission of Section 7 CIRP application

SC limits CIRP to only one project of Supertech – Upheld NCLT direction

May 13, 2023 1638 Views 0 comment Print

SC upheld NCLT interim directions, including constitution of CoC for Eco Village Project-II only; the said project to be completed with assistance of ex-management whereas other projects, apart from Eco Village-II, were ordered to be continued as ongoing projects.

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