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Archive: 17 November 2022

Posts in 17 November 2022

Operational aspects of scheme(s) of arrangement by entities who have listed their NCDs/ NCRPS

November 17, 2022 1257 Views 0 comment Print

This circular contains the operational aspects with reference to scheme(s) of arrangement by entities who have listed their NCDs/ NCRPS.

Additions on substantive basis without considering Supplementary Partnership Deed submitted by Assessee are not justified

November 17, 2022 1482 Views 0 comment Print

Satish Kumar Contractor Vs  ACIT (ITAT Delhi) Counsel for the assessee vehemently submitted that the AO was not justified in making the addition on substantive basis in the hands of the assessee. He submitted that the assessee had filed a Supplementary Partnership Deed which clarified about the liability of the assessee firm. It was further […]

CIT(A) while deciding appeal is required to pass order on points of determination with reasons

November 17, 2022 3843 Views 0 comment Print

Section 250(6) of the Act mandates that the Ld. CIT(A) while deciding the appeal is required to pass order on points of determination (grounds of appeals), decision therein on and reasons for such decision.

Pre-Shipment Inspection Certificate is to be furnished at the Time of Clearance of Goods by Importer

November 17, 2022 834 Views 0 comment Print

Caravel Logistics Private Limited Vs Commissioner of Customs (CESTAT Chennai) Handbook of Procedures issued by the Directorate General of Foreign Trade (DGFT) dated 08.04.2005 (2004-09) requires, at paragraph 2.32, in the case of import in the form of metallic waste, scrap, etc., referred to therein, the furnishing of pre-shipment inspection certificate at the time of […]

Customs: Confiscation of goods & penalty not valid if based on mere Adduced statement

November 17, 2022 771 Views 0 comment Print

In this case findings of the Adjudicating Authority, clearly exonerates this appellant from the penal action under Section 114AA of the Customs Act, 1962, for the reason that there was no material on record to prove that the appellant had submitted the fake gate pass.

All you need to know about draft common ITR Form issued by CBDT

November 17, 2022 2640 Views 0 comment Print

Stay updated on the draft common ITR Form issued by CBDT. Learn about the new form that will replace multiple ITR forms for filing Income Tax Returns.

ITAT allows Benefit to assessee for availing section 44AD for non-maintaining books of account

November 17, 2022 4263 Views 0 comment Print

Sarabjeet Singh Vs ITO (ITAT Amritsar) The brief fact of the case that the assessee is a trader &filed his return u/s 139(1) by taking the benefit of presumptive scheme u/s 44AD of the Act. During the F.Y. 2010-11 related A.Y. 2011-12 the turnover was 15,50,000/- & declared total income of Rs.1,40,880/-. The notice u/s […]

Section 194A TDS not deductible on Factoring Charges

November 17, 2022 3285 Views 0 comment Print

DCIT Vs 3i Infotech Consultancy Services Limited (ITAT Mumbai) ITAT held that factoring charges incurred by the assessee company is not in the nature of interest and that the assessee was not under the obligation to deduct TDS as per the provisions of section 40(a)(ia) of the I.T. Act. For this, we would like to […]

CUP method consistently followed to bench mark transaction with AE cannot be unreasonably rejected

November 17, 2022 1167 Views 0 comment Print

ITAT Chennai held that TPO unreasonably rejected the CUP method consistently followed by the assessee to bench mark international transaction with its Associated Enterprise as there was no change in the facts and circumstance of the case for the impugned Assessment Year.

Section 271(1)(c) penalty cannot be levied on Income Tax Additions on Ad-Hoc Basis

November 17, 2022 2511 Views 0 comment Print

Additions made on ad-hoc basis on estimation does not attract penalty under section 271(1)(c) of the Act as there is no conclusive proof of concealment of income or furnishing of inaccurate particulars of income.

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