Sponsored
    Follow Us:

Admissibility of credit has to be considered at the time of receipt of input service

June 18, 2021 2187 Views 0 comment Print

Explore the Shanti Construction Co vs. C.C.E. & S.T.-Rajkot case with CESTAT Ahmedabad. Delve into the nuances of service tax, Cenvat credit, and retrospective exemptions.

Amount forfeited by buyer cannot be taxed only actual receipt can be taxed

June 17, 2021 726 Views 0 comment Print

ITAT Delhi ruling on Amarjeet Kaur vs ACIT case. Disputed capital gains on property sale. Appeal outcome explained.

No market value could be ascribed for valuation of seized gold/assets for Wealth Tax

June 16, 2021 1548 Views 0 comment Print

mere legal ownership will not be enough to fasten liability on the assessee in respect of the market value of the seized assets even though the said seized assets belong to the assessee. The Court held that on the valuation date the right of the assessee was in jeopardy and therefore having regard to the definition of net wealth and asset as appearing in Section 2(e) of the Wealth-tax Act, the Wealth-tax Officer was not justified in estimating the value of such asset.

Section 144C is prospective in nature & is applicable from AY 2011-12

June 16, 2021 3645 Views 0 comment Print

A.T. Kearney Ltd. Vs ADIT (ITAT Delhi) The Income Tax Appellate Tribunal (herein after referred to as “ITAT”), Delhi Bench vide it’s Order dated 20.05.2021 have observed that the assessment completed under Section 144C(13)/143(3) of the Income Tax Act, 1961 (herein after referred to as “Act”) is barred by limitation as Section 144C of the […]

Article 226 cannot be invoked when there is efficacious alternative remedy

June 15, 2021 4683 Views 0 comment Print

Vishwataj Developers Pvt Ltd Vs ACIT (Madras High Court) Conclusion: In present case, the Hon’ble high court held Writ Jurisdiction under Article 226 cannot be invoked in a routine manner, when dispute pertains to examination of facts and when there is alternative efficacious remedy available. Held: The assessment orders passed under Section 143(3) of the […]

Assessee is entitled to beneficial legislation: Income Tax Act & DTAA

June 15, 2021 1269 Views 0 comment Print

The Hon’ble Tribunal provided relief to the assesse for AY 2014-15 by making its reliance on section 90(2) of Act and observed that the provisions of the Act or the DTAA, whichever are more beneficial to the assessee would apply making the receipt from sale of software license as not chargeable to tax in India.

Matters decided in assessee’s own case are best precedents

June 7, 2021 1287 Views 0 comment Print

In present facts of the case, there were issues pertaining to disallowance under Section 40A(3); disallowance u/s 14A read with Rule 8D; short deduction of TDS u/s 40(a)(ia); undisclosed sales/difference in stock valuations and deduction u/s 80IB (11A) of the Income Tax Act, 1961. All these issues have gone into the favour of the Appellant/ Assessee, most of them were covered by the Assessee’s own previous case serving best precedents.

‘Equality’ means equality among equals or within the same class during insolvency resolution process: SC

May 13, 2021 2094 Views 0 comment Print

India Resurgence Arc Private Limited Vs M/s. Amit Metaliks Limited & Anr. (Supreme Court of India) “Equality” means equality among equals or within the same class. In the present facts of the case, the appellant company is said to be the assignee of the rights, title and interest carried by Religare Finvest Limited as secured […]

Sale Consideration cannot be Determined merely on Form 26AS

April 16, 2021 7806 Views 0 comment Print

Jaya Prakash Vs ITO (ITAT Bangalore) Admittedly in this case, the CIT(A) determined the sale consideration on the basis of Form 26AS without seeing the actual sale deed entered by the assessee with concerned parties. In our opinion, sale consideration cannot be determined only on the basis of Form 26AS. The provisions of s.2(47)(v) can […]

Section 132(6) of CGST Act required only after conclusion of investigation under Criminal Law

March 12, 2021 2712 Views 0 comment Print

In present facts of the case, it was observed by Hon’ble High Court that Section 132(6) of CGST Act, would be required only after the conclusion of the investigation and at the stage of presentation of charge-sheet/final report under Section 173 Cr.P.C.

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031