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ITAT allows trade incentive/Discount/issuance of free handsets to distributor as business expense

January 3, 2022 1929 Views 0 comment Print

Nokia India Pvt. Ltd. Vs ACIT (ITAT Delhi) Conclusion: In present facts of the case, the Hon’ble Tribunal observed trade incentive to distributor, trade discounts and issuance of handsets on Free of Cost as business expense. Facts: The assessee company filed its return of income on 30.11.2013 declaring total income at Rs.5,35,77,93,880/-. Later, the return […]

Providing scholarships to students in foreign university is a business expenditure

January 3, 2022 1296 Views 0 comment Print

Harish N. Salve Vs ACIT (ITAT Delhi) Conclusion: In present facts of the case, the Hon’ble Tribunal held that providing scholarships to students in foreign university is a business expenditure. Facts: Assessee is an Advocate by profession and is stated to derive income from Business, Capital Gain and Other Sources. Assessee filed his return of […]

Substantial benefit provided in Notifications cannot be denied for procedural lapses

December 29, 2021 10044 Views 0 comment Print

In present facts of the case, while dismissing appeal of the Revenue, the Hon’ble CESTAT observed that substantial benefit provided by Notifications can’t be denied on procedural lapse.

Remand order upheld on the ground of violation of principles of natural justice

December 21, 2021 3114 Views 0 comment Print

In present facts of the case, the Hon’ble High Court dismissed the Revision filed by the Revenue and upheld the Orders of Tribunal where it sustained the Remand Order passed by the Deputy Commissioner (Appeals) as there was violation of principle of Natural Justice in the Original Order passed by the primary authority.

FIR can’t be registered against Income Tax officials for any act done in good faith

December 14, 2021 3099 Views 0 comment Print

In present facts of the case, the Hon’ble High Court quashed the FIR registered against Income Tax officials as Section 293 of the Income Tax Act, 1961 mandates that no suit shall be brought in any civil Court to set aside or modify any proceeding taken or order made under the Act and no prosecution, suit or other proceeding shall lie against the Government or any officer of the Government for any act done in good faith under the Act.

Section 130 of CGST Act contemplate release of goods on payment of fine in lieu of confiscation

December 8, 2021 25287 Views 0 comment Print

In present facts of the case, the Hon’ble High Court dismissed the Review Petition and  it was observed that the provisions of section 130 of the Act contemplate release of goods on payment of fine in lieu of confiscation at two stages (i) during the process of adjudication, under section 130(2) and, (ii) post-adjudication under section 130(3) of the Act.

GST: Partial relief provided to taxpayer on condition of co-operation in investigation

November 23, 2021 1356 Views 0 comment Print

Madhav Copper Limited Vs State of Gujarat (Gujarat High Court) Conclusion: In present facts of the case, the writ petition was disposed of by providing partial relief to the Petitioner for fulfilment of its business orders but with  a condition to cooperate with Revenue in investigation. Facts: This is a petition under Article 226 of […]

Distribution of free mobile to care centres employees & dealers is business expense

November 17, 2021 2082 Views 0 comment Print

Nokia India Sales Pvt. Ltd Vs Addl. CIT (ITAT Delhi) Conclusion: In present facts of the case, the Hon’ble Tribunal held that creating a demand for non-deduction of tax while the recipient has paid taxes on the same amount would result in recovery of taxes on the same amount twice and on the issue of […]

Writ maintainable Alternative Remedy available examining records, facts mis-match

November 13, 2021 1737 Views 0 comment Print

In present facts of the case, the Hon’ble High Court dismissed the writ petitions by observing that question of looking into the records, going into the facts and examining mismatch, this exercise can be done by the Appellate Authority only. Therefore, petitions shall avail alternative remedy.

TNVAT: Last chance provided to Assessee for reconciliation

October 30, 2021 633 Views 0 comment Print

In present facts of the case the Division Bench of the Hon’ble Madras High Court while allowing the writ appeals have provided one more opportunity to the main petitioners to make the reconciliation of which Assessing Officer make take note of it and complete the assessment.

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