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Archive: October, 2022

Posts in October, 2022

IBBI disposes SCN against IP aged 71 years without any direction

October 13, 2022 648 Views 0 comment Print

The DC notes that inspection notice was served on him on the 09.08.2021. However, Mr. Varun preferred not to respond to it despite more than one year has elapsed in-between. Furthermore, Mr. Varun has neither responded nor he preferred to be avail personal hearing to put his submissions in response to the SCN issued dated […]

Agreed estimated additions do not call for levy of penalty

October 13, 2022 951 Views 0 comment Print

We are of the considered opinion that estimated additions do not call for levy of penalty. Therefore, by deleting the impugned penalties for all the years, we allow the appeals of the assessee.

Section 263 revision order valid if AO not examined the issue at all

October 13, 2022 633 Views 0 comment Print

We notice that there is nothing on record to show that the AO has examined this aspect at all. We noticed that the AO had asked for details of sales and expenses, but the assessee has furnished only the Profit and Loss account.

Cancellation of licence unacceptable if Distribution License Rules duly complied: SC

October 13, 2022 1812 Views 0 comment Print

Supreme Court held that the appellant-JSPL is duly complying with the prescription in Explanation to Rule 3 of Distribution License Rules and hence cancellation of licence is unjustified.

Bombay High Court grants Bail to Anil Deshmukh

October 13, 2022 1812 Views 0 comment Print

Bombay High Court in a bail application relating to money laundering matter held that the material on record does indicate that the Applicant has been suffering from multiple ailments. Further, the Applicant appears to have roots in society. The possibility of fleeing away from justice seems remote. Accordingly, bail granted

Assessing Officer has no power to review & has power to re-assess

October 13, 2022 2328 Views 0 comment Print

The Assessing Officer has no power to review; he has the power to re-assess. But re-assessment has to be based on fulfillment of certain pre-condition and if the concept of ‘change of opinion’ is removed, as contended on behalf of the Department, then, in the garb of re¬opening the assessment, review would take place.

ITAT restricts adhoc addition for freight expenses to 5%

October 13, 2022 642 Views 0 comment Print

Latish Chandar Samnani Vs ITO (ITAT Pune) The issue in the present case is with respect to disallowance of freight for expenses. The Assessing Officer had disallowed the expenses at 20% on adhoc basis which was restricted to 10% by CIT(A). Before us, it is assessee’s submissions that if the addition is restricted to 5% […]

Provisions of Deemed Dividend provisions not applicable to Advancement of Loan in Ordinary Course of Business

October 13, 2022 516 Views 0 comment Print

Assessee had not disputed that he is common shareholder in both companies, however, contended that provisions of section 2(22)(e) have no application, inasmuch as, loan advanced was in ordinary course of its business.

Inequitable or unfair advantage not adequate ground to allow interference to Arbitral Award

October 13, 2022 606 Views 0 comment Print

Madras High Court held that interference with Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996 on the ground of inequitable nature or unfair advantage not justified

Support services and reimbursement of expenses not taxable in India in terms of India-USA DTAA

October 13, 2022 2727 Views 0 comment Print

ITAT Delhi held that both support services and reimbursement of expenses are not in nature of Fees for Included Services (FIS) under India – USA DTAA and hence not taxable in India.

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