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Archive: 17 October 2022

Posts in 17 October 2022

HC upheld ITAT order attributing 15% of revenue to PE in India of Travelport L.P. USA

October 17, 2022 1389 Views 0 comment Print

CIT-International Taxation Vs Travelport L.P. USA (Delhi High Court) Learned counsel for the Appellant-Revenue states that the ITAT has erred in holding that only 15% of the revenue is attributable to the assessee’s PE in India by mechanically applying the ratio of the judgment of DIT vs. Galileo International Inc., (2009) 180 Taxman 357 (Delhi) […]

CVD Refund cannot be claimed after 10 years of adjudication/assessment

October 17, 2022 378 Views 0 comment Print

Sree Rajendra Textiles Vs Commissioner of Customs (CESTAT Chennai) There is no dispute that after adjudication / assessment, the appellant did remit the CVD plus BCD and the same was not under protest and, as could be seen from the pleadings as well as the orders of both the lower authorities, the said adjudication / […]

Rs. 50 Lakhs limit Not Applicable to section 148A(b) issued within 3 years

October 17, 2022 3285 Views 0 comment Print

Ester Industries Ltd Vs ACIT (Delhi High Court) High Court is of the view that the condition precedent of an asset in the form of Rs.50 lakhs is not be attracted to the present case, as the notice under Section 148A(b) of the Act had been issued on 17th March, 2022 i.e. within three years […]

Business deems to be commenced once activity essential to carrying on business is started

October 17, 2022 555 Views 0 comment Print

It was held that once business is set up, expenditure incurred relating to such business have to be treated as revenue expenditure and allowed as deduction. As soon as an activity which is essential to carrying on the business is started the business must be said to have commenced.

PCIT cannot grant conditional section 12A Registration

October 17, 2022 900 Views 0 comment Print

Role of PCIT while according registration under section 12A is only to make himself satisfied about genuineness of activities to be carried out by assessee trust and compliance of such requirement of any other law for the time being in force by trust or institution material to achieve its object and then to accord registration.

Weekly newsletter from Chairman, CBIC dated 17/10/2022

October 17, 2022 981 Views 0 comment Print

CGST, Customs & Central Excise, Bhopal Zone reported having detected a case relating to an assesse engaged in the supply of exempted as well as taxable goods while not reversing the proportionate Input Tax Credits (ITC). It is estimated that the extent of evasion would exceed Rs. 200 Crores, Out of this an amount of Rs. 50 Crores was reversed by the assesse.

Petitioner has right to get adequate time under Section 148A to respond to SCN

October 17, 2022 1167 Views 0 comment Print

Bird Worldwide Flight Services (I.) Pvt. Ltd Vs DCIT (Delhi High Court) Court is of the view that the Petitioner has a right to get adequate time under Section 148A of the Act to respond to the show cause notice. It is pertinent to mention that Section 148A(b) of the Act permits the Assessing Officer […]

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