"17 January 2021" Archive

Service Tax Refund cannot be denied on hyper-technical ground

Kronos Solutions India Pvt. Ltd. Vs Commissioner of CGST (Appeals) (CESTAT Allahabad)

Kronos Solutions India Pvt. Ltd. Vs Commissioner of CGST (Appeals) (CESTAT Allahabad) Appellant had taken a categorical stand that the debit was made on 05.03.2014, i.e. prior to filing of the refund claim. The Revenue is not disputing the said debit entry but is adopting a hyper technical view that such debit entry was reflected [&hellip...

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TDS deductible on year-end provisions debited to profit & loss account

Tata Sky Limited Vs ACIT (ITAT Mumbai)

Tata Sky Limited Vs ACIT (ITAT Mumbai) Assessee made year-end provisions in respect of sale promotion, legal and professional fees, interest and programming costs. Further, these provisions were debited to the profit and loss account and not added back to the computation of total income by the assessee. Once, the assessee has claimed thes...

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ITAT restricts addition to 5% of alleged non-genuine purchases

ACIT Vs Rishab Steel House (ITAT Mumbai)

ACIT Vs Rishab Steel House (ITAT Mumbai) Since, Ld.CIT(A) followed the order of the Tribunal in assessee’s own case for the earlier as well as subsequent assessment years on identical issue and decided partly in favour of the assessee by directing the Assessing Officer to estimate the profit element in alleged non-genuine purchases at 5...

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HC explains jurisdiction to try offences for E-commerce transactions

Kunal Bahl Vs State of Karnataka (Karnataka High Court)

Kunal Bahl Vs State of Karnataka (Karnataka High Court) In E-commerce transactions the jurisdiction to try offences will lie with a Court where the accused has its Head Office, Branch Office or other offices. 1. The order of Cognisance dated 8.6.2020 is not in compliance with the requirement of Section 191(1)( a) of the Cr.P.C […]...

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When sales not doubted, 100% disallowance for bogus purchase cannot be done

D. C. Engineers Private Limited Vs ITO (ITAT Mumbai)

In my considered opinion, disallowance of 12.5% of the bogus purchase as reduced by the gross profit already disclosed by the assessee would meet the end of justice. It does not need to be reiterated that if the gross profit already shown is more than 12.5%, no disallowance is required....

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Appeal not filed by counsel: ITAT condones delay of 125 days

B. M. Sarin HUF Vs ACIT (ITAT Delhi)

B. M. Sarin Vs ACIT (ITAT Delhi) The appeal filed before us is delayed by 125 days. The assessee received the order of the ld CIT(A) on 15.09.2018, however, the appeal was filed on 18.12.2019. The assessee preferred request for condonation of delay stating that when the order of the ld CIT(A) was received, the […]...

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Providing of accommodation & food & beverages by Trust not constitutes commercial activities

ACIT(E) Vs India International Centre (ITAT Delhi)

ACIT(E) Vs India International Centre (ITAT Delhi) ITAT held that activities of the Trust of providing accommodation and food and beverages etc. does not constitute commercial activities and activities of the Trust are not hit by any proviso to section 2(15) of the Act. FULL TEXT OF THE ITAT JUDGEMENT Challenging the orders of the Commis...

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Section 69: Entire purchases cannot be added as bogus

ITO Vs Abhay Kantilal Shah (ITAT Mumbai)

ITO Vs Abhay Kantilal Shah (ITAT Mumbai) In instant case, as mentioned earlier, the assessee has filed before the AO copies of (i) bank statements for the financial year 2010­11, evidencing the payments made to these parties; (ii) ledger account of all the parties; (iii) purchase invoices from these parties and (iv) sale invoices as [&he...

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CSR expense allowable till assessment year 2014-15

Hindustan Tin Works Ltd. Vs DCIT (ITAT Delhi)

Hindustan Tin Works Ltd. Vs DCIT (ITAT Delhi) The Explanation -2 has been inserted below the section 37 (1) of the Act with effect from 01/04/2015 i.e. assessment year 2015-16. According to the said Explanation, corporate social responsibility expenditure incurred shall not be deemed to be incurred wholly and exclusively for the purpose o...

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Expense not claimed cannot be taxed on reversal

JCIT (LTU) Vs M/s. Texas Instruments (India) Pvt. Ltd. (ITAT Bangalore)

JCIT (LTU) Vs M/s. Texas Instruments (India) Pvt. Ltd. (ITAT Bangalore) As per the submissions made by Ld A.R, we notice that the disallowance of Rs.5.54 crores made by the AO forms part of Provision for expenses amount of Rs.9.71 crores created on 31.3.2006 relevant to AY 2006-07. It was submitted that the above said […]...

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