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Archive: 10 July 2022

Posts in 10 July 2022

Ocean freight not subject to Service Tax under Business Auxiliary Services

July 10, 2022 1353 Views 0 comment Print

CESTAT set aside order of Revenue Department demanding service tax on Ocean Freight Charges under Business Support Services.

Section 271(1)(c) Penalty not Applicable if Income Computed on Estimated Basis

July 10, 2022 1320 Views 0 comment Print

NBK Infrastructure P. Ltd Vs JCIT (ITAT Delhi) The Hon’ble Punjab & Haryana High Court in the case of Hari Gopal Singh Vs. CIT 258 ITR 85 held that when the additions are made on estimate basis that by itself does not lead to the conclusion that the assessee either concealed the particulars of his […]

Second arbitration application not maintainable when order of arbitrator terminating arbitral proceedings was not challenged

July 10, 2022 1041 Views 0 comment Print

Vimlesh Bansal Vs Ashok Kumar (Rajasthan High Court) The legal maxim ‘Vigilantibus Non Dormientibus Jura Subveniunt’ literally translates to ‘the law assists only those who are vigilant and not those who sleep over their rights’. The said legal maxim applies squarely to the present case where applicants did not take recourse of law available to […]

HC restrains Rogue Websites from Illegally live streaming various sporting events

July 10, 2022 309 Views 0 comment Print

Culver Max Entertainment Private Limited Vs F1.mylivecricket.live and Ors (Delhi High Court) Defendants No. 1 to 39 are said to be rogue infringing websites engaged in the business of uploading pirated and unlicensed content. Among the various illegal acts done by them is the live streaming of various sporting events. Unauthorized communication/ broadcast to public […]

No addition for mere registration of property in Assessees name without actual transfer of money

July 10, 2022 1503 Views 0 comment Print

Adilakshmi Srungavarapu Vs ITO (ITAT Visakhapatnam) Admitted facts are that the husband of the assessee in order to retain the property got the property registered in the assessee’s name and has repaid the loans borrowed by him by sale of gold jewellery and personal savings of the assessee. We also find merit in the argument […]

100% Section 80IAC deduction on Substantial Expansion after Expiry of 5 Years of setting up of new industry

July 10, 2022 1017 Views 0 comment Print

Spinks Impex Vs ITO (ITAT Delhi) Hon’ble Apex court in the matter of PCIT vs. Aarham Softronics [2019] 102 com 343 (SC), pronounced on 20-02-2019. Wherein, it was held an assessee availing exemption of 100% tax on setting up of a new industry, which is admissible for 5 years, and either on the expiry of […]

Credit for TDS deducted cannot be denied for non-payment by Deductor

July 10, 2022 3891 Views 1 comment Print

Liladevi Dokania Vs ITO (ITAT Surat) It is evidently clear that assessee received the rent income, and the Tenant (Deductor) has deducted TDS but has not deposited the TDS so deducted into the Central Government Account. Considering these facts, we note that issue under consideration is no longer res integra. The Hon`ble High Court of […]

ITAT restricts disallowance of Car expenses to 15% for personal use

July 10, 2022 2676 Views 0 comment Print

Jaykumar Mangilal Nagori Vs ITO (ITAT Pune) It is indisputable that the assessee could not lead any evidence to demonstrate that the user of the car was restricted only to business purposes and did not percolate for personal use. Even the auditor has also mentioned that the personal element in vehicle expenses could not be […]

Interest rate on unsecured loan cannot be compared with interest rate on bank loan

July 10, 2022 5883 Views 0 comment Print

R R M Trading Co. Vs ACIT (ITAT Delhi) ITAT find that AO has restricted the payment of interest to the related parties @ 18% to 12% on the ground that it is excessive and unreasonable looking to the fact that assessee has paid interest to the partners @ 12% which is in accordance with […]

Trust not registered U/s 12AA- AO directed to allow expenditure & Tax Surplus

July 10, 2022 12402 Views 0 comment Print

Joharimal High School Vs ITO (ITAT Cuttack) Undisputedly rather admittedly, the assessee does not enjoy registration u/s.12AA of the Act and as per e-return filed before the Bench, as per column 3, the assessee has shown receipt of income of Rs.97,10,521/- and as per column 4(i), amount applied during the previous year or expenditure incurred […]

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