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Penalty u/s 44 and 45 of Competition Act levied as ‘real ambit and purpose’ was intentionally not made known

June 24, 2022 1476 Views 0 comment Print

The Appellant/Amazon because of the violations committed by it, had intentionally not made known the `real ambit and purpose’ of the `Combination’. Penalty under Section 44 and 45 of the Act, 2002 levied.

Addition only on the basis of retracted statement is unsustainable

June 24, 2022 1149 Views 0 comment Print

The Hon’ble Madras High Court in the case of M. Narayan N. Boos. Vs. ACIT, Circle (339 ITR 192) held that addition made by the A.O merely on the basis of retracted statement u/s 132(4) could not be sustained in the absence of any evidence material or recovery of any movable or immovable assets at the time of search to corroborate the disclosure made by the assessee.

Depreciation allowed as plant & machinery on AC, telephone, office equipment

June 24, 2022 30261 Views 0 comment Print

There is no condition in section 32 that depreciation on plant and machinery is allowable only if they are used in the factory for manufacturing/production process. Assets like air conditioners, telephones, Samsung tab, office equipments and canteen equipments are in the nature of plant and machinery. Depreciation under section 32 is allowed.

Recipient held liable to pay GST on interest on Arbitral award under RCM

June 24, 2022 3699 Views 0 comment Print

This liability of GST (taxes) was certainly not in contemplation of the parties when they entered into the contract in the year 2001. MCGM who would be liable to pay the GST to the Government on a Reverse Charge basis and the same cannot be deducted from the dues payable to the Applicant.

Setoff of unabsorbed depreciation available against income from other source

June 23, 2022 774 Views 0 comment Print

Hewitt Associates (India) Private Limited Vs ACIT (ITAT Delhi) Setoff of unabsorbed depreciation should be allowed against income from other source. Facts- The assessee, Hewitt Associates (India) Private Limited, engaged in providing support services to its associated enterprises (“AEs”). The services are software development support services and Business Process Outsourcing (BPO) services. The assessee had […]

Investigation at crucial stage, bail application dismissed

June 23, 2022 894 Views 0 comment Print

It is not possible for me at this stage to record satisfaction that there are reasonable grounds for believing that the petitioner is not guilty of the offences alleged. The investigation is going on and the same is at a crucial stage. Bail application dismissed.

TDS not deductible on amount of compensation paid under award/agreement

June 23, 2022 16602 Views 0 comment Print

Section 96 read with Section 46 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 specifically exempts payment of income tax on an amount of compensation paid under the award and/or agreement. Accordingly, TDS not deductible.

Examining fulfilment of conditions at the time of registration u/s 12AA is unjustified

June 23, 2022 1470 Views 0 comment Print

ITAT Held that at the stage of granting registration u/s. 12AA of the Act, authority cannot examine whether the conditions for availing exemptions under Section 11 of the Act are fulfilled or not.

Peak calculation method is applied for computing profit from unaccounted cash sales

June 23, 2022 1380 Views 0 comment Print

Held that the correct method is applying peak calculation method to compute the profit from the unaccounted cash sales made by the assessee.

Failure to produce adequate evidence, accused entitled for benefit of doubt

June 23, 2022 591 Views 0 comment Print

Nand Kishore Rai Vs Central Bureau of Investigation (Calcutta High Court) The accused persons were given benefit of doubt, as the prosecution failed to inquire the witness and also failed to produce necessary books of accounts. Facts- The appellants, Nand Kishore Rai and his wife Smt. Bandana. Rai, were found guilty to the charge under […]

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