"29 March 2022" Archive - Page 2

HC order lifting of Blockage of Electronic Credit Ledger after one year of blockage

Jai Venktesh Concast Pvt. Ltd. Vs The Assistant Commissioner of State Tax (Calcutta High Court)

Jai Venktesh Concast Pvt. Ltd. Vs Assistant Commissioner of State Tax (Calcutta High Court) In this matter, petitioner has challenged the impugned action of the respondents blocking credit ledger of the petitioner by order dated 24th November, 2020. Learned advocate appearing for the petitioner submits that in view of Rule 86A(3) of the W...

CUP method cannot be applied if strict comparability is not possible

Lenovo (India) Pvt. Ltd. Vs The DCIT (ITAT Banagalore)

Lenovo (India) Pvt. Ltd. Vs  DCIT (ITAT Banagalore) Ld. TPO thus applied the TNMM as the MAM and determined ALP which resulted in adjustment of Rs. 10,19,77,372/- to the Manufacturing Segment. The assessee filed objection before the DRP agains the proposed adjustment. However the DRP upheld the order of Ld. TPO by observing that in [&hel...

HPVAT: Lump-sum payment of composite tax U/s. 16(2) cannot be equated with powers of State U/s. 62(5)

Pooja Cotspin Limited Vs State of Himachal (Himachal Pradesh High Court)

Pooja Cotspin Limited Vs State of Himachal (Himachal Pradesh High Court) The first proviso to Section 62(5) of the Himachal Pradesh Value Added Tax Act, 2005 enables the State to issue notification and allow any dealer to avail of any incentive on tax, if such incentive has been declared by the State before the commencement […]...

Warranty obligation expenses cannot be treated as ‘fees for technical services’

Tractors and Farm Equipment Ltd. Vs DCIT (ITAT Chennai)

Tractors and Farm Equipment Ltd. Vs DCIT (ITAT Chennai) The submissions of Ld. AR are that warranty expenditure is part of overall sales obligations and the expenditure is reimbursed on actual basis. The warranty obligation being part and parcel of sales transactions and therefore, the same could not be held to be ‘fees for technical [&...

Section 271C penalty not leviable for non-deduction of TDS on Provisions

ACIT Vs Parsons Brinckershoff India Pvt. Ltd (ITAT Delhi)

ACIT Vs Parsons Brinckershoff India Pvt. Ltd (ITAT Delhi) We find the JCIT in the instant case levied penalty of Rs.98,92,242/- u/s 271C on the ground that the assessee has not deducted TDS on certain expenses for which provision of Rs.9,92,66459/- was created in its books of account. We find the Ld. CIT(A) deleted the […]...

Insurance Claim Against Unregistered Vehicles Not Payable: SC

United India Insurance Co. Ltd. Vs Sushil Kumar Godara (Supreme Court of India)

Registration of a Vehicles according to the provisions of Section 39 of MVA ,1988 is mandatory and a person without valid registration is not allowed to drive vehicle at public place. Use of a vehicle without proper registration number is a violation of terms and conditions of an insurance policy and hence any claim, whether it was of the...

HC imposes cost of Rs. 1 Lakh each on 2 Trade Mark Officials For Concealing Facts

Dr. Reddys Laboratories Limited Vs Controller General of Patents Designs And Trademarks (Delhi High Court)

Dr. Reddys Laboratories Limited Vs Controller General of Patents Designs And Trademarks (Delhi High Court) HC held that in view of the fact that the office of the CGPDTM was represented before this Court by two senior officials, namely, Mr. Sachin Sharma and Mr. Juneja, who did not disclose to this Court or to their […]...

Custom House Agent liable to deduct TDS on payments to CFS Agents

Shanmugar Services Vs ITO (ITAT Chennai)

Shanmugar Services Vs ITO (ITAT Chennai) As per the provisions of Sec.194C of the Act, any person responsible for making payment for any services needs to deduct TDS on such payment at the prescribed rate. From the plain reading of Sec.194C of the Act, it is abundantly clear that the person who makes payment is […]...

Free GST Software for 3 years for CA’s in Practice: An Initiative of ICAI

Due to the increase in complexity in GST compliance and a lot of manual work related to reconciliation and reporting, GST Audit has become a very typical job for CA's to match and reconcile every return. Practicing Chartered Accountants always need a tool that can minimize the clerical work and increase accuracy and effectiveness in the r...

Posted Under: Income Tax |

GST: HC explains Inherent lack of jurisdiction or contributory error of jurisdiction

Ajay Verma Vs Union Of India (Allahabad High Court)

Section 6(2)(a) of the CGST Act mandates that where any proper officer under the CGST Act issues an order, he shall also issue an order under the SGST Act or the UTGST Act as authorized under those Acts, as the case may be, under intimation to the jurisdictional officer of the State tax or the Union territory Tax. Clause (2) of sub sectio...

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