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Addition of income not connected with recorded reasons for reassessment proceedings is erred in law

November 10, 2022 1461 Views 0 comment Print

ITAT Amritsar held that reassessment proceedings initiated on recorded reasons on belief that the specific income has escaped assessment, however, addition on some other income not having any connection with the recorded reason is erred in law.

Non-resident reinsurance business profit has no tax implication in India

November 10, 2022 555 Views 0 comment Print

ITAT Mumbai held that business profits earned by the assessee (non-resident) on account of the reinsurance business have no tax implications in India and existence of dependent agency permanent establishment is wholly tax neutral in India.

Penalty u/s 271(1)(c) leviable only if there is deliberate intention to conceal income

November 10, 2022 981 Views 0 comment Print

Madhya Pradesh High Court held that penalty u/s 271(1)(c) of the Income Tax Act not leviable in absence of deliberate intention to either conceal income or to furnish inaccurate particulars

Adjustments on debatable/ controversial issues by way of intimation u/s 143(1) is not permissible

November 10, 2022 975 Views 0 comment Print

ITAT Delhi held that amendments to section 36(1)(va) by Finance Act 2021 are retrospective or prospective is debatable and controversial and any adjustments u/s 143(1) of Income Tax Act by way of intimation, on debatable and controversial issues, is beyond the scope of Section 143(1).

CENVAT of input received within the same premises irrespective of number of excise registration is available

November 10, 2022 954 Views 0 comment Print

CESTAT Kolkata held that Factory in terms of Section 2(e) of the Central Excise Act includes any number of inputs within the same premises irrespective of the number of Central Excise registrations. Accordingly, CENVAT of such inputs available.

Penalty under rule 209A of Central Excise Rules leviable as role of co-noticee admitted

November 9, 2022 939 Views 0 comment Print

CESTAT Mumbai held that penalty under rule 209A of the Central Excise Rules, 1944 can be levied only if it is found that the concerned person have dealt with the goods in any manner which they knew are liable to confiscation. Role of co-noticee proved and hence penalty justifiable.

Delay in payment under Direct Tax Vivad Se Vishwas Act condoned due to occurrence of extraordinary event

November 9, 2022 2178 Views 0 comment Print

Delhi High Court held that delay in payment under Direct Tax Vivad Se Vishwas Act 2020 on account of death of Managing Director of the company deserves to be condoned as the said event is extraordinary and exceptional in nature.

MSMED Act, 2006 overrides Arbitration Act, 1996

November 9, 2022 990 Views 0 comment Print

Supreme Court held that chapter-V of the MSMED Act, 2006 would override the provisions of the Arbitration Act, 1996. Accordingly, the Micro and Small Enterprises Facilitation Council shall have jurisdiction to proceed with the dispute covered u/s 17 of MSMED Act, 2006 despite the existence of an independent arbitration agreement between the parties.

Information gathered by TPO using authority u/s 133(6) should be provided to assessee

November 9, 2022 1764 Views 0 comment Print

ITAT Mumbai held that as TPO has gathered financial and functional details of the company by way of using his authority under section 133(6) of the Income Tax Act hence the same needs to provide all the gathered information to the assessee.

Application u/s 50 of Prevention of Money Laundering Act, 2002 is not maintainable before Magistrate

November 9, 2022 513 Views 0 comment Print

Karnataka High Court held that application filed u/s. 50 of Prevention of Money Laundering Act, 2002, seeking permission to record written statement of accused, is not maintainable before the learned Magistrate

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