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Archive: 24 April 2021

Posts in 24 April 2021

Petitioner (Fraud Victim) entitled for refund of Customs duty paid in good faith

April 24, 2021 642 Views 0 comment Print

Innomit Mineral Projects Pvt Ltd. Vs Additional Commissioner of Customs (Madras High Court) The petitioner appears to be a victim of the chinese exporter. The petitioner had made a victim of fraud. The petitioner therefore, seek refund of the customs duty paid at the time of filing of Bill of Entry under the self assessment […]

TVAT: No penalty for non-furnishing of Audit report if no format for filing audited report was prescribed

April 24, 2021 492 Views 0 comment Print

Pankaj Behari Saha Vs State of Tripura (High Court Tripura) Petitioner is a dealer and was registered under the Tripura Value Added Tax Act, 2004 (TVAT Act, for short) at the relevant time. The Superintendent of Taxes, Udaipur issued a notice on 31.01.2019 to the petitioner under Section 53(3) of the TVAT Act conveying to […]

ROC must consider reply submitted by petitioner before issuing SCN

April 24, 2021 3672 Views 0 comment Print

Axis Ispat Private Limited Vs Union of India (Delhi High Court) A perusal of some of the show cause notices (SCNs) which have been issued shows that, there is a doubt as to whether the reply submitted by the Petitioner in June, 2020 has been considered by the ROC while issuing the show cause notices […]

A Judge cannot sat in an appeal against his own order

April 24, 2021 3162 Views 0 comment Print

Pernod Ricard India Private Limited Vs State of Goa (Bombay High Court) Record, makes it very clear that for the Assessment Year 2008-09, Shri Ashok Rane, who was then the Assessment Officer, held against the petitioner by rejecting the very contention which the petitioner eventually raised in respect of the assessment for the year 2010-11. […]

Receipts from Sale of licence software is not a royalty : ITAT Delhi

April 24, 2021 528 Views 0 comment Print

Symantec Asia Pacific Pte. Ltd. Vs DCIT (ITAT Delhi) The Assessing Officer raised a query that the consideration amounting to Rs.242,52,89,282/- on sale of licence software should be treated as receipts received on account of sale of licence software as royalty. The issue of software income is not a royalty income is settled by the […]

Notice served through affixture after office hours without proper witness is invalid

April 24, 2021 2622 Views 0 comment Print

Digvijay Advisor Pvt. Ltd. Vs ITO (ITAT Delhi) A perusal of the above reply of the Assessing Officer shows that notice u/s 148 dated 31.03.2015 was served on the assessee through affixture in presence of Inspector of the Ward. From the details filed by the assessee in the paper book, it is seen that the […]

Interest on Enhanced Compensation from Govt for compulsory Land Acquisition is exempt from tax

April 24, 2021 2022 Views 0 comment Print

Paramjeeet Singh Vs ACIT (ITAT Delhi) It is pertinent to note that the assessee’s land was acquired by the Government and he received total compensation of Rs. 2,56,29,932/- from land acquisition officer Panchkula which include interest on enhanced compensation of Rs. 1,08,62,416/- and assessee claimed this interest received on enhanced compensation exempt under Section 10(37) […]

Loss arising from exempt source income u/s 10(38) held allowable to be set-off or carried forward

April 24, 2021 8601 Views 0 comment Print

The main issue in this appeal is whether loss from sale of long term capital share on which security transaction tax has been paid should be allowed to be carried forward for set off even though the income from such transfer of long term capital asset is exempt u/ s 10 (38).

Annual Company Law Compliances for Section-8 Company

April 24, 2021 1023 Views 0 comment Print

What is Section-8 Company? A Section 8 company is a non-profit organization formed with the objective of promoting commerce, arts, science, sports, education, research, social welfare, and protection of the environment. Who can Incorporate a Section 8 Company? An individual or group of individuals can apply for Section 8 Company Registration if it holds the […]

No section 40(a)(ia) disallowance  on cost sharing reimbursements without TDS deduction

April 24, 2021 4662 Views 0 comment Print

DCIT Vs Pfizer Products (India) Pvt Ltd. (ITAT Mumbai) In terms of the agreement with M/s. Pfizer Ltd., assessee was sharing services of certain employees and other facilities which belonged to M/s. Pfizer Ltd. The reimbursement of such expenses due or paid to M/s. Pfizer Ltd. amounts to Rs.14,51,77,000/- and has been included under the […]

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