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Archive: October, 2021

Posts in October, 2021

TPO bound by decision of Jurisdictional HC if same has not been suspended or stayed

October 10, 2021 1092 Views 0 comment Print

Ikea Services India Pvt. Ltd. Vs ACIT (ITAT Delhi) The TPO has not accepted the decision of the Hon’ble Jurisdictional High Court of Delhi in the case of Li & Fund [supra] solely on the ground that an appeal has been recommended before the Hon’ble Apex Court. In our considered view, when the operation of […]

Leave encashment allowable on actual payment basis & not on accrual basis

October 10, 2021 2940 Views 0 comment Print

TV Today Network Ltd. Vs Addl. CIT(A) (ITAT Delhi) Hon’ble Apex Court in case of Exide Industries (Supra) held that the claim with regard to leave encashment has to be allowed on cash basis i.e. actual payment basis and not on accrual basis. It is pertinent to note that the payments with regards to the […]

HC grant Bail to person accused of issuing Fake Invoices & availing bogus ITC

October 10, 2021 2772 Views 0 comment Print

Appellant is alleged of having availed Input Tax Credit amounting to Rs.15.44 crores on the basis of invoices issued by such non-existent/fake firms without movement of goods, alleged to have been transported by such fake/non-existent transporters, and on the basis of corresponding transport receipts being included in their record for claiming the said benefit.

For Section 80M deduction only actual expenditure incurred has to be taken into consideration

October 10, 2021 2259 Views 0 comment Print

The law is now well settled that for the purpose of deduction u/s.80M of the Act, only actual expenditure incurred has to be taken into consideration and there cannot be any estimate of expenditure that could be made thereon.

SVLDR application cannot be rejected for mistakes due to technical glitches & in violation of Principal of Natural justice

October 10, 2021 1704 Views 0 comment Print

Balaji Services Vs Union of India and others (Madhya Pradesh High Court) As per Section 125 of the Act R/w Rule 3(2)(b) of the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, the petitioners filed online applications in the prescribed form of SVLDRS-1 which should have been accepted. Due to technical glitch, the petitioners could not […]

jurisdictional facts should be established by Dept to justify a search authorization

October 10, 2021 828 Views 0 comment Print

Shiva Cement Limited Vs Director of Income Tax (Inv.) (Orissa High Court) It is trite that under Section 132(1) of the Act, the jurisdictional facts should be established by the Department to justify a search authorization. But there cannot be any presumption that there is no such information available with the Department. The observations by […]

No Service Tax on Fixed Components of Job Charges forming part of transaction value

October 10, 2021 1602 Views 0 comment Print

Brindavan Bottlers Pvt. Ltd. Vs. Commissioner of Central Goods (CESTAT Allahabad) We find that the appellant have actually entered into an agreement for manufacture on job work basis. Evidently, as per the agreement the job charges have been spread over in two tier billing i.e. fixed charges and variable charges. The reason being that in […]

Profits on sale of land held as Investment for 6 years assessable as Capital Gains

October 10, 2021 2475 Views 0 comment Print

JCIT (OSD) Vs Adrus Estate and Properties LLP (ITAT Pune) It is an undisputed fact that the land was recorded in the books of account as part of investment. It is settled position that the treatment given in the books of account gives an indication as to the intention of the assessee to hold asset […]

Wrongful availment of ITC under GST: High Court grants Bail

October 10, 2021 1734 Views 0 comment Print

Shailesh Chandra Vs DGGI Jaipur Zonal Unit (Rajasthan High Court) In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. This Court perused the material available on record. The petitioner has been arrested in connection with Complaint No.DGGI/INV/GST/2371/2021-Gr-B/O/o ADG-DGGI-ZU- Jaipur […]

GST registration cancellation for work from Home; Pass reasoned & Speaking order: HC

October 10, 2021 2979 Views 0 comment Print

Temporarily petitioner was not carrying his business from the premises in question from officially registered premises and they were carrying business in question from home.

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