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Archive: March, 2022

Posts in March, 2022

Identical name of 2 villages cannot form the basis for addition 

March 29, 2022 732 Views 0 comment Print

Mohideen Sharif Inayathulla Sharif Vs ITO (ITAT Chennai) Ground- The Ld. Commissioner of Income-tax (Appeals)-13, Chennai failed to independently apply his mind that the village in which this land is situated is more than 5 kilometers from the nearest municipal limits. A mere misstatement or confusion with regard to the identical name of 2 villages […]

AO made adequate enquiries – PCIT not conducted any independent enquiry- Section 263 proceedings invalid

March 29, 2022 1881 Views 0 comment Print

Sh. Sanjay Jain Vs PCIT (ITAT Chandigarh) In the present set of cases, AO asked the assessees to furnish the relevant details relating to Long Term Capital Gain, Short Term Capital Gain, exemption u/s 10(36) of the Act, deduction u/s 57 of the Act and unsecured loans and the assessees furnished all the relevant documents […]

HC Quashes Non-Speaking Order Passed in violation of principles of natural justice

March 29, 2022 4164 Views 0 comment Print

Subhatosh Majumdar Vs Union of India (Calcutta High Court) On perusal of the impugned assessment order, I find the same is non­speaking also. Though this Court is very reluctant to entertain any writ petition against any assessment order which is an appeallable order, but in view of patent violation of principles of natural justice and […]

Indiscriminate notices by Income Tax Department without allowing reasonable time

March 29, 2022 10659 Views 0 comment Print

National Chamber of Industries & Commerce, U.P has made a representation against Indiscriminate notices by the Income Tax Department without allowing reasonable time. They submitted that in the last few days large number of taxpayers in whose cases the Assessment/Re-assessment, proceedings were pending at the Income Tax Department have been in receipt of various notices, […]

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

March 29, 2022 447 Views 0 comment Print

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 West Bengal […]

CUP method cannot be applied if strict comparability is not possible

March 29, 2022 2994 Views 0 comment Print

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 […]

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

March 29, 2022 1335 Views 0 comment Print

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’

March 29, 2022 19896 Views 0 comment Print

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

March 29, 2022 5256 Views 0 comment Print

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

March 29, 2022 10107 Views 0 comment Print

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 theft or accident or damage to the vehicle will not be payable.

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