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Interference u/s 34 unjustified as arbitral award doesn’t contradict public policy

June 29, 2022 2211 Views 0 comment Print

Provisions of section 34 restricts the scope of interference with the arbitral award on the ground of public policy. Present arbitral award doesn’t contradict public policy hence interference unjustified.

Branch in any other country, treated as ‘separate person’, Service tax not payable in India

June 29, 2022 1398 Views 0 comment Print

Held that a person carrying on a business through a branch or agency in any country shall be treated as having a business establishment in that country and such establishment situated abroad as a separate person.

Disallowance u/s 36(1)(va) deleted in absence of adequate intimation

June 28, 2022 1410 Views 0 comment Print

Disallowance on delay in payment toward employee’s contribution to PF u/s 36(1)(va) via u/s 143(1) deleted in absence of adequate intimation to the assessee.

Addition based on DVO report without rejecting books of account is bad in law

June 28, 2022 1260 Views 0 comment Print

Bangalore Bench of the Tribunal in the case of M/s. Shetty Constructions v. ACIT has held that rejection of books of account is a precondition for making reference to the DVO.

Addition u/s 68 based on impounded document, supported with entries, tenable

June 28, 2022 414 Views 0 comment Print

The document impounded herein is duly supported by all the correct entries as per assessee’s stand itself, addition u/s 68 tenable

Order of CIT(A) directing AO to levy penalty u/s 271AAA unjustified

June 28, 2022 474 Views 0 comment Print

It is not open to the First Appellate Authority i.e., CIT(A) to set aside the order of the A.O. and order a remand or to give any directions. Hence, CIT(A) was not justified in giving direction to the A.O. to levy penalty u/s. 271AAA of the I.T. Act, 1961.

Carry forward of capital loss, claimed via return filed u/s 153A, is unsustainable

June 28, 2022 624 Views 0 comment Print

Short term capital loss not claimed while filing return u/s 139(1). Loss was claimed for the first time via return u/s 153A. Claim denied according to provisions of section 80.

Clandestine removal charge, on incomplete/ inconsistent record, unsustainable

June 28, 2022 609 Views 0 comment Print

Charges of clandestine removal cannot be sustained as the evidences brought into the record by the department are incomplete, inconsistent and not a reliable piece of evidence.

TVAT Act: Regular assessment for composition scheme dealer is untenable in law

June 28, 2022 810 Views 0 comment Print

Held that If there is payment of tax under the composition scheme, question of regular assessment would not arise under Telangana Value Added Tax Act, 2005 (TVAT Act).

Amount paid in excess of tangible asset value is goodwill which is eligible for depreciation

June 28, 2022 1029 Views 0 comment Print

Held that consideration paid by the assessee in excess of its value of tangible assets was rightly classified as goodwill the same is eligible for depreciation

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