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Advance payment is covered within the definition of Operational Debt

November 21, 2022 4986 Views 0 comment Print

NCLAT Delhi held that rejection of Section 9 application holding that advance payment made by Operational Creditor to the Corporate Debtor does not fall within the four corners of the Operational Debt is unsustainable as it is settled low that advance payment is covered within the definition of Operational Debt.

Service relating to power transmission exempted from service tax

November 21, 2022 3840 Views 0 comment Print

CESTAT Ahmedabad held that all the services provided in relation to power transmission is exempted from service tax as per notification 45/2010-ST.

Bail granted to Sanjay & Pravin Raut on satisfying twin condition u/s 45(1)(i)(ii) of PLML Act

November 19, 2022 1977 Views 0 comment Print

Special Court under the Prevention of Money Laundering Act, 2002 held that both the accused i.e. Sanjay Raut and Pravin Raut has been arrested illegally as both the accused have satisfied twin conditions under section 45(1)(i)(ii) of the Prevention of Money Laundering Act.

Assessee needs to establish genuineness of the expenditure

November 18, 2022 2526 Views 0 comment Print

ITAT Mumbai held that onus is on the assessee to establish that the specified expenditure incurred was wholly and exclusively for the purpose of the business, disallowance of expenditure justified in absence of such establishment.

Foreign travel expenditure meant for business purpose cannot be disallowed

November 18, 2022 8616 Views 0 comment Print

ITAT Mumbai held that expenditure incurred on such foreign travel cannot be disallowed on the reason that it was a pleasure tour and not meant for the purpose of business, as assessee furnished all the relevant details with supporting evidences together with the purpose of foreign travel.

Rejection of transaction value without evidence proving reason influencing price is unjustified

November 18, 2022 1047 Views 0 comment Print

CESTAT Ahmedabad held that rejection of transaction value is unjustified as department has failed to produce any evidence reflecting that the relationship between the parties has influenced the price.

Denial of cross-examination of person based on which addition was confirmed is unjustified

November 18, 2022 1191 Views 0 comment Print

ITAT Chandigarh held that denial of cross-examination, based on which addition on account of unrecorded sales was confirmed, demolishes the very foundation of making addition and hence such addition is unsustainable in law.

Suspension of Custom Broker License lifted on lapse of significant time

November 18, 2022 1524 Views 0 comment Print

CESTAT Kolkata has held that Custom Broker License suspended under Regulation 16(1) of Customs Brokers Licensing Regulations, 2018 for around a month is directed to be lifted as necessary inquiry should have completed during the said suspension time.

Relief u/s 80CCC(1) not claimed so policy surrender value not taxable u/s 80CCC(2)

November 18, 2022 4470 Views 0 comment Print

Gujarat High Court held that amount invested in the pension policy is not claimed as relief under section 80CCC(1) and hence policy surrender value thereon is not taxabie under section 80CCC(2) of the Income Tax Act.

CUP method consistently followed to bench mark transaction with AE cannot be unreasonably rejected

November 17, 2022 1821 Views 0 comment Print

ITAT Chennai held that TPO unreasonably rejected the CUP method consistently followed by the assessee to bench mark international transaction with its Associated Enterprise as there was no change in the facts and circumstance of the case for the impugned Assessment Year.

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