"11 July 2021" Archive

‘Deemed Dividend’ provisions not applicable if Advances were given to Shareholder for Business Purpose

ACIT Vs Krishna Coil Cutters Pvt. Ltd. (ITAT Ahmedabad)

ACIT Vs Krishna Coil Cutters Pvt. Ltd. (ITAT Ahmedabad) On facts, it has emerged that the lender company has charged interest on the advances made to the assessee company. In the circumstances, the Hon’ble Calcutta High Court in the case of Pradip Kumar Malhotra vs. CIT (2011)338 ITR 538(Cal) has observed that advances given by [&hellip...

Read More

Right to carry on a competing business cannot extend to illicit use of another party’s confidential information & data

Living Audio Systems LLP Vs Monika Kanaujia & Ors (Bombay High Court)

Living Audio Systems LLP Vs Monika Kanaujia & Ors (Bombay High Court) In this case Mr Jagtiani’s application is not for a restraint against Kanaujia doing competing business. The law in that regard is settled and not contentious. But that competition must be fair and not in violation of contractual obligations that survive terminati...

Read More

Preferential Location Charges taxable at same rate as that of Construction of Residential Complex Service

Shreno Ltd Vs C.C.E. & S.T.-Vadodara-I (CESTAT Ahmedabad)

Shreno Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) Preferential Location Charges were correctly subjected to Service Tax at same rate as that of Construction of Residential Complex Service by the Appellant and the differential demand of Service Tax alongwith interest and penalty therefore must be quashed and set aside. The Appellant also ...

Read More

No Service tax under OIDAR merely because user receives a code for getting print of ticket from cinema hall

PVR Limited Vs Commissioner of Service Tax (CESTAT Delhi)

PVR Limited Vs Commissioner of Service Tax (CESTAT Delhi) The Board Circular dated 09.07.2001 also clarifies that e-commerce transactions do not fall within the ambit of OIDAR service. It also clarifies that when information is supplied free of charge by the website, no service tax is payable and if such website charges a fee for [&hellip...

Read More

Form GST TRAN­1 Filing: Applicant should not suffer for technical glitches

Shakti Motors Vs State of Gujarat (Gujarat High Court)

The GSTN upon receipt of the proposal from the Nodal Officer shall look into the same and take an appropriate decision in accordance with law, more particularly, keeping in mind the writ­ applicant should not suffer on account of any technical glitches....

Read More

HC refuses to quash Section 153C Notices issued to Karti P. Chidambaram

Karti P.Chidambaram Vs Principal Director of Income Tax (Investigation) (Madras High Court)

Karti P. Chidambaram Vs Principal Director of Income Tax (Investigation) (Madras High Court) All these writ petitions are filed, challenging the Show Cause Notices issued under Section 153C of the Act. The procedures for assessment / reassessment are yet to commence. The petitioners are expected to avail the opportunity and defend their c...

Read More

Charitable trust donating to activities other than education cannot be denied section 11 exemption

Director of Income Tax Exemptions Vs M/s. Shanmuga Arts, Science, Technology & Research Academy (SASTRA) (Madras High Court)

Charity is clearly defined as relief of the poor, education, yoga, medical relief, preservation of environment, etc., Thus public charitable trust donating to activities other than education cannot be denied exemption u/s. 11 of the Act. Therefore, the conclusion of the Assessing Officer is totally unwarranted....

Read More

Liability to Tax deduction cannot be imposed from retrospective effect

McCANN Erickson (India) Pvt.Ltd. Vs ACIT (ITAT Delhi)

McCANN Erickson (India) Pvt.Ltd. Vs ACIT (ITAT Delhi) we find that the Ld.CIT(A) has relied upon the amendment in the statute. However, the Co-ordinate Bench of this Tribunal after having considered the amendment held in the case of Ashapura Minichem Ltd. vs ADIT 131 TTJ 291 that till 08.05.2010, “the prevailing legal position was that ...

Read More

If Procedure for delivery of SCN not followed it Tantamount to Violation of Principles of Natural Justice

Ram Prasad Sharma Vs. Chief Commissioner And Another (Madhya Pradesh High Court)

Ram Prasad Sharma Vs. Chief Commissioner And Another (Madhya Pradesh High Court) Rule 142 of CGST Act reveals that the only mode prescribed for communicating the show-cause notice/order is by way of uploading the same on website of the revenue. The State in its reply has provided no material to show that show-cause notice/order No.10 [&he...

Read More

Income of assessee chargeable to tax as principle of mutuality not applies

Yum! Restaurants Marketing Private Ltd. Vs ITO (ITAT Delhi)

Yum! Restaurants Marketing Private Ltd. Vs ITO (ITAT Delhi) The assessee’s first claim with respect to the income of the assessee not chargeable to tax because of principles of mutuality has already been decided by the Hon’ble Supreme Court in assessee’s own case reported in 424 ITR 630. The Hon’ble Supreme Court dismissed the app...

Read More

Search Posts by Date

July 2021
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031