Judgements and Orders, Supreme Court and High courts of India

Is a taxpayer eligible for deduction u/s 80P of the Income Tax Act if it is registered under the Karnataka Souhardha Sahakari Act, 1997?

Poojitha Raam 02 October 2021 at 13:16

This appeal at the instance of the assessee is directed against the CIT(A)�s order dated 07.06.2021. The relevant assessment year is 2017-2018.

Posted in Income Tax | 91 Views

Which business restructuring can be termed as demerger under the Income Tax Act?

Poojitha Raam 02 October 2021 at 13:16

The present appeal filed by the Revenue and C.O. filed by the assessee feeling aggrieved by order of Ld. CIT(A)-2, Amritsar, on the ground mentioned in the memo of appeal and in Cross objection filed by the assessee.

Posted in Income Tax | 81 Views

Rejection or non-entertainment of additional evidence filed under rule 46A is unwarranted and against law, states ITAT

Poojitha Raam 02 October 2021 at 13:16

This appeal is filed by the assessee against the order passed by the ld. CIT(A) dated, 30.11.2018 for A.Y. 2010-11.

Posted in Income Tax | 72 Views

To assume a valid jurisdiction u/s 147 of the Income Tax Act, the AO must form a reason to believe on his own - Clarifies ITAT

mahendra gargieya 02 October 2021 at 13:16

This is the appeal filed by the assessee against the order of the ld. CIT(A), Alwar dated 30/10/2019 for the A.Y. 2008-09

Posted in Income Tax | 81 Views

SCN issued by DRI stayed for lack of authority under Customs Act

Bimal Jain 30 September 2021 at 09:38

In M/s. Aktel by Proprietorship Anand Kumar and Ors v. Union of India and Ors. [WPO No. 822 of 2021] the writ petition in the current matter has been filed by M/s. Aktel by Proprietorship Anand Kumar and Ors("the Petitioners") against Show Cause Noti

Posted in Custom | 185 Views

Legitimate carry forward of ITC cannot be denied for non-filing of TRAN-1

Bimal Jain 30 September 2021 at 09:38

In M/s. Sunny Motors v. Central Board of Indirect Taxes and Customs (CBIC), Department of Revenue, Govt. of India and Others [W.P.(C) No.9348 of 2020 dated September 16, 2021], the current petition has been filed to direct the Department to accept th

Posted in GST | 159 Views

Taxation of funds received in the form of share premium

mahendra gargieya 29 September 2021 at 16:51

The present appeal has been filed by the assessee against the order of the ld. Pr.CIT, Udaipur dated 11/02/2021 passed U/s 263 of the Income Tax Act, 1961 (in short, the Act) for the A.Y. 2016-17.

Posted in Income Tax | 123 Views

Whether amount forfeited on account of breach of sale of land agreement taxable under GST

Bimal Jain 29 September 2021 at 16:30

In M/s. Fastrack Deal Comm Pvt. Ltd. [ADVANCE RULING NO. GUJ/GAAR/R/58/2020 dated July 30, 2020] M/s. Fastrack Deal Comm Pvt. Ltd. ("the Applicant") after entering into a sale agreement to sell a factory land to a "Mr.B" for a consideration didn't re

Posted in GST | 196 Views

Refund of wrongly reversed CENVAT credit cannot be rejected solely on the ground of non-filing of under protest letter

Bimal Jain 29 September 2021 at 16:30

In Prayosha Healthcare Pvt Ltd v. C.C.E. & S.T.-Vadodara-ii [Excise Appeal No.11102 of 2018 dated September 21, 2021], the current appeal has been filed against Order-in-Appeal OIA-VAD-EXCUS-002-APP-613-2017-18 dated November 21, 2017 ("OIA") passed

Posted in Excise | 138 Views

Writ Petitions having alternative remedy not to be entertained if no violation of fundamental rights, excess jurisdiction/ delegation

Bimal Jain 29 September 2021 at 10:23

In The Assistant Commissioner of State Tax and Others v. M/s Commercial Steel Limited [Civil Appeal No 5121 of 2021 dated September 03, 2021], the current appeal has been filed against the Judgment dated March 04, 2020 of the Hon’ble High Court of Te

Posted in GST | 131 Views