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Archive: 03 May 2022

Posts in 03 May 2022

HC stays attachment of bank accounts of Huawei

May 3, 2022 954 Views 0 comment Print

Huawei Telecommunications (India) Company Pvt. Ltd. Vs DDIT (Delhi High Court) Mr. Datar states that the Respondents have been granted complete access to the Company’s Accounting Enterprise Planning (ERP) system. He states that ERP system is a primary source of transaction undertaken by the Petitioner and comprises of data pertaining to ledger accounts, expenditure, remittances, […]

Royalty provided & reversed subsequently not includible in Transaction Value

May 3, 2022 1329 Views 0 comment Print

Doosan Bobcat India Pvt. Ltd. Vs Commissioner of Customs (CESTAT Chennai) The issue is whether the amount of Rs.28.14 lakhs in the nature of payment of royalty can be included in the transaction value and whether it is a condition of sale. From the facts narrated above, it is seen that there is no agreement […]

HC Quashes Section 147 Order passed without disposing Objection of Assessee

May 3, 2022 2868 Views 0 comment Print

Atma Ram Saria Vs ACIT (Delhi High Court) The Supreme Court in GKN Driveshafts (India) Ltd. vs. Income Tax Officer and Ors., (2003) 1 SCC 72 has held that when a notice under Section 148 of the Act is issued, the proper course of action for the noticee is to file a return and if […]

Belated payment of employees contribution to EPF & ESI allowable

May 3, 2022 1350 Views 0 comment Print

Nestor Pharmaceuticals Ltd. Vs CPC (ITAT Delhi) The issue in this appeal is related to disallowance of expenditure on account of delay in deposit of employees contribution related to EPF & ESI. The issue is squarely covered by the judgement of Hon’ble Jurisdictional High Court of Delhi in the case of PCIT vs Pro Interactive […]

Cenvat credit admissible on ECIS services for modernization & renovation of existing factory

May 3, 2022 1083 Views 0 comment Print

Reliance Industries Ltd. Vs C.C.E. & S.T. (CESTAT Ahmedabad) In the present case the appellant’s cenvat credit was denied in respect of input services viz. ECIS. The credit on ECIS was denied on the ground that this service is falling under the exclusion clause in the definition of input service under Rule 2 (l) of […]

ITAT directs CIT(A) for denovo adjudication of case with reasonable opportunity

May 3, 2022 819 Views 0 comment Print

Pooja Vs ACIT (ITAT Delhi) This appeal is filed by the Assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-38, New Delhi dated 18.03.2019 for the AY 2010-11. When the matter posted for hearing on 09.03.2022 none appeared on behalf of the assessee. The Notice sent through speed post with acknowledgement due […]

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