perusal

Reimbursable expenses is not includible in value of taxable services

We have considered the submissions made at length by both sides and perused the records. The issue for determination in this case is whether the reimbursable expenditure incurred by the appellant is chargeable to service tax or not. On perusal of the returns it appears that they had indicated this amount against the column marked as "amount billed for exempted services other than export". It is also undisputed that the appellant has been taking this stand before the lowe..
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Applicability of penalty u/s. section 269T of IT Act, 1961, when payment was made in cash but not exceeded Rs.20,000/- on a single day

On perusal of the aforesaid account, it is seen that the assessee had to pay sum of Rs. 2,00,000/- to M/s. Ram Kumar Krishan Kumar as on 01.04.2002. Thus, the total amount payable by the assessee was of Rs. 2,00,000/-. Thereafter, the assessee has paid the sum of Rs. 13,000/-, 14,500/-,14, 000/-,15, 000/-, 17,200/- and 12,650/- in cash on 19.06.2002, 20.06.2002, 21.06.002, 22.06.2002, 24.06.2002 and 25.06.2002 respectivel
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No addition could be made solely on the basis of material found in the possession of third party

SUMMARY OF CASE LAW There must be a direct nexus between the material found in the course of search at the assessee’s premises as well as other material gathered by the Assessing Officer from extraneous sources; if there is no such nexus then the addition would not be justified.
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Tribunal is not competent to recall its previous order and re-write the same again and reverse the earlier decision taken on merit

SUMMARY OF CASE LAW The issues considered and decided on merit after due application of mind by the Tribunal do not constitute obvious, glaring, patent and self-evidence mistake of facts or law within the meaning of the provisions of section 254(2); the Tribunal is not competent to recall its previous order and re-write the same [...]
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Concessional ticket to travel Agents cannot be termed as commission

SUMMARY OF CASE LAW The relationship between the assessee-airlines and the travel agent is one of principal and agent; the supplementary commission which is the amount retained by the travel agent is commission within the meaning of section 194H read with Explanation (i) to the said section; the difference between the full value of the [...]
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Proceedings u/s. 147 r.w.s. 148 of IT Act do not wipe out or set aside original proceedings

SUMMARY OF CASE LAW The proceedings under section 147 cannot impinge upon items which have no connection or relation with items of income and/or expenditure which form the basis of a notice under section 148(1).  CASE LAW DETAILS Decided by: HIGH COURT OF DELHI, In The case of: Jay Bharat Maruti Ltd. v. CIT, Appeal [...]
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Department can’t to decide when assessee to borrow and when it should not borrow

  SUMMARY OF CASE LAW The assessee may make an imprudent business decision but the same itself does not empower the Revenue to disallow legitimate and bona fide business expenditure.  CASE LAW DETAILS Decided by: ITAT, `D’ BENCH, AHMEDABAD, In The case of: Shivganga Builders Pvt. Ltd. v. ACIT, Appeal No. : ITA NO. 1189/AHD/2004, [...]
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