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Archive: October, 2022

Posts in October, 2022

Confessional statement of other person cannot be base for clandestine removal

October 19, 2022 2136 Views 0 comment Print

CESTAT Ahmedabad held that allegation of clandestine removals based upon the confessional statement of other persons or the documents recovered from the third party premises, without corroboration of the said documents is unsustainable

An indemnity of obligation under agreement doesn’t constitute ‘Financial Debt’

October 19, 2022 3471 Views 0 comment Print

NCLT Mumbai held that obligations under the Undertaking do not attract the definition of financial debt. A fortiori, an indemnity of the obligations under the Agreement will equally not constitute a financial debt under Section 5(8) of the Code.

Non-voluntary donations are not eligible for deduction u/s 11(1)(d) of the Income tax Act

October 19, 2022 1635 Views 0 comment Print

ITAT Ahmedabad held that donations which are not voluntary in nature cannot be treated as corpus donation and hence not eligible for deduction u/s 11(1)(d) of the Income tax Act

Court direct proper officer to grant opportunity to petitioner to take all steps to revive GST registration

October 19, 2022 1803 Views 0 comment Print

Orissa High Court requested the proper officer to grant opportunity to the petitioner for taking all required step to revive registration and also permitted to pay pending GST tax and file the pending GST return prior to cancellation of GST registration u/s 29(2)(c).

Disallowance u/s 10B(7) r.w.s. 80IA(10) with material evidence is unsustainable

October 19, 2022 870 Views 0 comment Print

ITAT Pune held that AO had not brought any material indicating the existence of an arrangement between the assessee company and its foreign AE, as a result of which more profits than ordinarily have been produced to the assessee company. Hence, provisions of section 10B(7) r.w.s. 80IA have no application.

Alloy Steel Forging requiring further operation to be used as Rings for Bearing is classifiable under 7326

October 19, 2022 1290 Views 0 comment Print

CESTAT Ahmedabad held that Alloy Steel Forging (machined) requires to undergo further operation to be ready to use as Rings for Bearing etc. Hence the same is classifiable under tariff heading 7326 Other Articles of Iron or Steel and not under chapter 84.

Liability to pay penalty u/s 77 when assessee failed to register and file ST-3 Returns within prescribed time

October 19, 2022 3798 Views 0 comment Print

As appellant had not taken registration and had not filed ST-3 returns within the prescribed time, penalty imposed under Section 77 was justified.

Section 56 -Stamp duty value on agreement date is to be considered and not value on registration date

October 19, 2022 8859 Views 0 comment Print

Sajjanraj Mehta Vs ITO (ITAT Mumbai) During the appellate proceedings, the appellant vide letter dated 03/04/2018 submitted that the AO has made addition ignoring the 1st and 2nd proviso to section 56(2)(vii)(b) inserted by Finance Act, 2013 w.e.f. 01.04.2014. The appellant was allotted flat no. 502 in the building Kamla Astral, Dadar for a total […]

Mere Charging of shareholder under PMLA cannot be a ground to attach property of Company

October 19, 2022 4818 Views 0 comment Print

Charging of shareholder with crime under PMLA cannot be a ground to attach property of Company unless there is an allegation that property acquired by company was from proceeds of crime.

In Tax matters if statutory remedy of appeal is available, HC cannot entertain writ petition under Article 226: SC

October 19, 2022 3516 Views 0 comment Print

SC observed and held that in a tax matter when a statutory remedy of appeal is available, the High Court ought not to have entertained the writ petition under Article 226 of the Constitution of India against the Assessment Order by-passing the statutory remedy of appeal.

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