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Archive: 11 September 2020

Posts in 11 September 2020

CBIC promotes 38 Officers to the grade of Principal Commissioner Grade

September 11, 2020 8172 Views 0 comment Print

The President of India is pleased to empanel and promote the following officers to the grade of Principal Commissioner of Customs and Central Excise in the Indian Revenue Services (Customs & Central Excise), in Level 15 of the Pay Matrix (Rs. 182200 – 224100/-), against the panel years 2019 (Supplementary) and 2020 (Regular) on in situ basis w.e.f the date of assumption of the charge of the post and until further orders:-

Invocation of Section 263 to initiate Penalty proceeding not sustainable when addition itself deleted by ITAT

September 11, 2020 630 Views 0 comment Print

Agencies Rajasthan Pvt. Ltd. Vs PCIT (ITAT Jaipur) Invocation of Section 263 of Income Tax Act, 1961 to initiate Penalty proceeding not sustainable when addition itself deleted by ITAT Brief facts of the case are that assessment u/s 143(3) of the Act was completed on 30-12-2017 by the AO and thus the AO made the […]

CENVAT credit admissible for construction/setting up of landfill

September 11, 2020 903 Views 0 comment Print

The issue under consideration is whether denial of CENVAT credit availed by the appellant for construction/setting up of landfill is justified in law?

Assignment cannot be accepted as Voluntary Liquidator without holding a valid AFA

September 11, 2020 735 Views 0 comment Print

In the matter of Mr. Ravi Sharma, Insolvency Professional (IP) under Regulation 11 of the Insolvency and Bankruptcy Board of India (Insolvency Professional) Regulations, 2016 In the present matter, Mr. Sharma accepted the assignment of voluntary liquidation in matter of Indian Transelectric Company Limited on 2nd March 2020 and A.B.S. Enterprises Private Limited on 5th […]

Extension for a period of 3 months for holding of AGM

September 11, 2020 3222 Views 2 comments Print

Extension for a period of 3 months for holding of Annual General Meeting (AGM) for the financial year ended March 31, 2020. As per Section 96 (1) of the Companies Act, 2013 every company other than a One Person Company shall in each year hold an Annual General Meeting, and a gap between the 2 […]

ITAT condones delay due to misplacement of Order by tax consultant

September 11, 2020 1257 Views 0 comment Print

Satish Kumar Garg Vs DCIT (ITAT Jaipur) ITAT held that misplacing of CIT(A) order by regular tax consultant is not deliberated delay on part of assessee and it should be condoned. At the outset, it is noted that there is a delay in filing the present appeal by 31 days. In this regard, the ld. […]

SEBI Amendments on Assets Allocation of Multi Cap Funds

September 11, 2020 1029 Views 0 comment Print

As per the existing circular of SEBI on assets allocations under the category of Multi-Cap Funds category, the fund manager was free to choose the asset allocation as per his wisdom, the fund managers of Multi-Cap Funds were running these schemes more or less akin to the large-cap funds.

Interest cannot be disallowed for advance made for Business Purpose

September 11, 2020 1914 Views 0 comment Print

M/s. Kalya Awas Vikas (P). Ltd. Vs ACIT (ITAT Jaipur) Commercial expediency must be decided from businessman’s point of view — Even expenditure incurred voluntarily on the ground of commercial expediency and in order indirectly to facilitate the carrying on of the business would be deductible under this section. The question whether it was necessary […]

Value declared in Bills of Entry cannot be rejected without following Rule 12ibid

September 11, 2020 2262 Views 0 comment Print

Classic Marble Company Vs Commissioner of Customs (CESTAT Mumbai) In this case The learned adjudicating authority has rejected the declared value in respect of the subject Bills of Entry under Section 14(1) ibid read with Rule 12 ibid and re-determined the assessable value under Section 14(1) ibid read with Rule 3(1) ibid, holding that sufficient […]

No Rejection of Claim u/s 10(23C) if CIT(E) failed to establish that Assessee Existed for Purposes of Profit

September 11, 2020 1191 Views 0 comment Print

The issue under consideration is whether CIT(exemption) is correct in rejecting the claim of the assessee u/s 10(23C) who is mainly engaged in education facilities?

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