Judiciary

Section 263 Revision Order passed without issuing notice is void ab-initio

Sri Anthi Reddy Yamireddy Vs DCIT (ITAT Hyderabad)

Just 3 days to Join GST Online Certification Course by GST Professionals & TaxGuru.in – Batch II Opportunity of being heard is little more than serving a notice on assessee. It is not an empty formality. Without giving a proper opportunity to assessee, revision proceedings u/s. 263 cannot be finalized as the provisions of Section [&...

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Section 80IB Security guards to be counted in list of workers

ACIT, Vs Tripti Menthol Industries (ITAT Ahmedabad)

In ACIT v. Tripti Menthol Industries, the ITAT, Ahmedabad bench held that Security Guards employed by the assessee-unit must be considered as part of the workers engaged in the manufacturing process for the purpose of giving benefit under Section 80IB(2)(iv) of the Income Tax Act....

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Input services used for providing output service not disqualified on the basis that the same had only peripheral connection with output service

CCE, Vs M/s Convergys India Services Pvt. Ltd. (CESTAT Chandigarh)

These are 11 appeals filed by the Revenue against various impugned orders. As the issue involved in all these appeals are similar and the respondent is same, we take up all these appeals together for disposal. The respondents are registered with the Department for service tax purposes. They have filed refund claims under rule 5 of Cenvat ...

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Penalty cannot be imposed for delay in TDS return filing for non availability of PAN

Argus Golden Trades India Ltd. Vs. JCIT (ITAT Jaipur)

This is an appeal filed by the assessee against the order of Ld. CIT(A) - III, Jaipur dated 19.02.2016 for A.Y. 2011- 12 wherein the assessee has challenged the levy penalty of Rs. 1,02,400/- u/s 272A(2)(K) of the Act....

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No bar Under OECD to provide document relied to Appellant; Mere showing of document not sufficient

Poonam Jain Vs Union of India & Ors. (Delhi High Court)

High Court held that to say that the person being prosecuted or proceeded against can only be 'shown' such documents, but not provided copies thereof is untenable even on a plain reading of Article 26 (2) of the OECD Model Convention....

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TDS on Payment to Radio Jockies – Section 192 Vs. Section 194J

ITO Vs Entertainment Network (I) Ltd. (ITAT Mumbai)

Since advertising agency only acting as an intermediary between assessee radio broadcasting station and the advertiser, raised bills to the advertiser on net amount charged by the assessee, charging separate commission from the advertiser, deduction from the gross amount was in the nature of discount only and not commission, therefore, li...

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Failure to specify exact charge in section 274 notice makes it invalid

Jehangir HC Jehangir Vs ACIT (ITAT Mumbai)

Notice issued under Section 274 must reveal application of mind by the Assessing Officer and the assessee must be aware of the exact charge on which he had to file his explanation. It was further observed that vagueness and ambiguity in the notice deprives the assessee of reasonable opportunity to contest the same. ...

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Contribution to PF under EPF Act allowable despite non recognition from I.T. dept u/s 2(38)

M/s Voxiva India Pvt. Ltd. Vs The I.T.O. (ITAT Delhi)

In a significant ruling, the ITAT Delhi held that approval by the Commissioner of Income Tax is not a mandatory requirement to allow deduction of contribution towards EPF under section 38(1)(iv) of the Income Tax Act when the assessee has framed the scheme under the Employees provident Fund Act, 1952....

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Income from letting of Commercial property with various amenities is business Income

DCIT Vs Nautilus Trading & Leasing Ltd. (ITAT Mumbai)

Challenging the order dated 3-5-2013 of the Commissioner (Appeals)-7, Mumbai, the assessing officer (AO) has filed the present appeal. Assessee-company, deriving income from house property, filed its return of income on 18-10-2007, declaring loss of Rs. 1.5 crores. The assessing officer completed the assessment, under section 143(3) of th...

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Penalty Order not become Invalid for mere wrong quoting of section

Galaxy Nirmaan Pvt. Ltd., Vs ACIT, (ITAT Delhi)

The Delhi ITAT, in a recent ruling, held that imposing penalty by quoting wrong section would not itself make the entire proceedings invalid if the assessee had not raised any objection during pre-assessment stage and has co-operated with the proceedings....

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