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Archive: 24 November 2022

Posts in 24 November 2022

Addition deleted for Cash Deposits during demonetization out of withdrawals for Daughter’s Marriage –

November 24, 2022 750 Views 0 comment Print

Harjeet Kaur Vs ITO (ITAT Delhi) Admittedly, the assessee had deposited cash in her bank accounts during the demonetization period. However, before the Assessing Officer, the assessee had explained that such deposits were out of cash withdrawals made earlier by her for the purpose of her daughter’s marriage. The Assessing Officer has partly accepted assessee’s […]

Change in COC Composition will not affect costs & fees ratified by earlier CoC

November 24, 2022 1092 Views 0 comment Print

DBS Bank India Pvt. Ltd. Vs Rakesh Kumar Jain (NCLAT Delhi) The proviso in Regulation 12(3) of CIRP Regulations, 2016 clearly stipulates that if any decision is taken by the committee (CoC), prior to the reconstitution, which in this case is the ratification of the fees and the expenses, its validity will not be affected. […]

TCS applicable on Scrap Sale by Trader, Not Engaged in Manufacturing Activity

November 24, 2022 14448 Views 0 comment Print

Umeshkuamr Harilal Shah Vs ITO (TDS) (ITAT Ahmedabad) It is undisputed fact that the assessee is not a manufacturer and the scrap which was sold by the assessee was not from the manufacturing activity. The decision of the Special Bench in case of Bharti Auto Product (supra) was observed that scrap means wasted which is […]

Standard of Pre-Existing Dispute under IBC is not Equivalent to Principle of ‘Preponderance of Probability’

November 24, 2022 4371 Views 0 comment Print

Pre-existing dispute under IBC must be employed cannot be equated with even principle of preponderance of probability which guides a civil court at the stage of finally decreeing a suit.

Penalty not imposable on Service Tax Paid before Issuance of SCN

November 24, 2022 1389 Views 0 comment Print

Nurture Marketing Pvt. Ltd Vs Commr. of CGST & CX (CESTAT Kolkata) Appellant submitted that the commission in respect of volume purchase by the Second Level of distributor for the periods of 2006-07 to 2010-11 earned by the appellant is to the tune of Rs.1,22,46,991/- and the Service Tax on the same was Rs.13,94,933/- and […]

Penal interest for delay in payment of lease amount allowable- ITAT allows capitalisation

November 24, 2022 1452 Views 0 comment Print

ITO Vs Logix Buildtech Private Limited (ITAT Delhi) ITAT held that Penal interest arises out of default in payment of installment / lease rent as per the schedule agreed and the normal interest along with penal interest compounded half yearly was agreed to be paid on the default amount and for the default period as […]

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