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Archive: July, 2022

Posts in July, 2022

Section 54 exemption denial on property purchases in Sons name- AO should follow view of jurisdictional HC

July 10, 2022 3258 Views 0 comment Print

Urmila Madhukar Ved Vs ITO (ITAT Pune) This appeal by the assessee emanates from the order passed by the CIT(Appeals)-7, Pune on 11-09-2019 in relation to the assessment year 2010-11. 2. The only issue raised in this appeal is against the denial of exemption u/s.54 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) […]

High Court Quashed non-speaking one line order

July 10, 2022 1239 Views 0 comment Print

Chandra Udyog Vs Assistant Commissioner, CGST & CX (Calcutta High Court) By this writ petition petitioners have challenged the impugned order of rejection of petitioners’ claim of refund of excess balance of cash ledger being annexure P/6 to the writ petition on the basis of the show cause notice dated 10th May, 2022 as appears […]

Reassessment Proceedings cannot be initiated against a dead person

July 10, 2022 1134 Views 0 comment Print

Ela Roy Vs ITO (Calcutta High Court) Petitioner being the sister of the noticee, in response to notice under Section 148 of the Act has filed the return. Petitioner submits that she being a lay person, due to inadvertence has filed the return on behalf of her brother noticee though she had already informed the […]

C&F Agent Service is admissible input service under Cenvat Credit Rules

July 10, 2022 894 Views 0 comment Print

CESTAT held that Clearing and Forwarding (C&F) agent service is admissible input service in terms of Rule 2(l) of CENVAT Credit Rules, 2004

Customs Broker cannot be penalised in violation of basic principles of natural justice

July 10, 2022 816 Views 0 comment Print

JKG associates Pvt. Ltd vs union of India & Ors (Calcutta High Court) Petitioner challenges the impugned action imposing the aforesaid penalty on the ground that the same is not sustainable for the reason of non-compliance of the formalities under Regulation 17 by which respondent Commissioner of Customs was required to issue a notice in […]

Disallowance of CSR expense by treating it as capital is unjustified

July 10, 2022 1416 Views 0 comment Print

Held that impugned expenditure cannot be held to be capital and it is not in the nature of personal expenditure or for any violation of law. Disallowance of CSR expenditure unjustified.

Training and computer reservation service cannot be treated as FTS

July 10, 2022 1290 Views 0 comment Print

Asst. CIT Vs Renaissance Services BV (ITAT Mumbai) Held that the receipts of the assessee from training services and computer reservation services including reimbursements shall not be chargeable to tax both under the Act as well as under the Treaty. Facts- The assessee is a company incorporated in the Netherlands and is tax resident of […]

ED imposes penalty on Amnesty India & its CEO Aakar Patel

July 10, 2022 480 Views 0 comment Print

The Adjudicating Authority of ED has adjudicated a SCN issued to M/s Amnesty India International Pvt. Ltd.(AIIPL) and its CEO Shri Aakar Patel for contravention of the provisions of FEMA and imposed penalty of Rs. 51.72 Crore and Rs 10 Crore respectively. Enforcement Directorate Press Release 08.07.2022 The Adjudicating Authority of Directorate of Enforcement (ED) […]

ED searches 48 locations belonging to VIVO Mobiles

July 10, 2022 1836 Views 0 comment Print

ED has carried out searches at 48 locations across the country belonging to VIVO Mobiles India Private Limited and its 23 associated companies under PMLA, 2002. So far, 119 bank accounts with gross balance of Rs. 465 Crore including FDs of 66 Crore of Vivo India, 2kg gold bars, and Rs. 73 Lakh cash have been seized.

PCIT cannot revise assessment order in respect of issues already covered during assessment

July 10, 2022 1614 Views 0 comment Print

Learning Curve Edutech Solutions Pvt. Ltd. Vs PCIT (ITAT Mumbai) ITAT held that PCIT cannot revise an assessment order under sections 263 of Income Tax Act, 1961 in respect of issues already covered during assessment. The law is very well settled that revision jurisdiction under section 263 of the Act could be done only in […]

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