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Appeal against non-admittance of application for advance ruling not maintainable

December 22, 2020 1413 Views 0 comment Print

In re Tirumala Milk Products Pvt Ltd. (GST AAAR Karnataka) in the instant appeal, the Appellant is aggrieved by the grounds on which the lower Authority has refused to admit the application for advance ruling which is that, the question on which the ruling was sought is a matter that is being investigated by the […]

Income Tax Jurisdiction Order No. 3/2020, Dated: 22.12.2020

December 22, 2020 10698 Views 0 comment Print

Jurisdiction Order No. 3/2020 In exercise of powers conferred by the Central Board of Direct Taxes (CBDT) under the sub section (1) and (2) of section 120 of the Income-tax Act, 1961 read with section 178 of the Finance Act 2016

Refund cannot be denied of Service Tax Deposited mistakenly

December 22, 2020 1284 Views 0 comment Print

Metlife Global Operations Support Center Private Limited Vs Commissioner, Service Tax (CESTAT Delhi) The substantive benefit of service tax exemption provided under section 26 of the SEZ Act read with rule 31 of the SEZ Rules cannot be denied on procedural grounds. It is not in dispute that the appellant was not required to deposit […]

No valid belief can be formed on the basis of incorrect/non-existing facts

December 21, 2020 3246 Views 0 comment Print

Prithvi Raj Singh Vs I.T.O. (ITAT Jaipur) We found that the assessee had declared capital gain income in return which clearly shows that there is non-application of mind on the part of the A.O. while recording the reasons as he did not consider the return furnished by the assessee wherein capital gain income has been […]

AO Cannot Ignore Mandate of Rule 28AA & Proceed on Any Other Basis

December 21, 2020 3429 Views 0 comment Print

Manpowergroup Services India Pvt. Ltd. Vs CIT (Delhi High Court) THE ASSESSING OFFICER CANNOT IGNORE THE MANDATE OF RULE 28AA AND PROCEED ON ANY OTHER BASIS AS THE GOVERNMENT IS BOUND TO FOLLOW THE RULES AND STANDARDS THEY THEMSELVES HAD SET ON PAIN OF THEIR ACTION BEING INVALIDATED. CONSEQUENTLY, THE IMPUGNED ORDER IS QUASHED ON […]

Cash found & seized- Arguments must be substantiated by Documents

December 21, 2020 1623 Views 0 comment Print

Devendra Kumar Jhanwar Vs ITO (ITAT Jodhpur) The impugned addition stem from the fact that an amount of Rs.8 Lacs in cash (in old currency notes of denomination of Rs.500 & Rs.1000 as demonetized by government on 08/11/2016) was found from the possession of the assessee on 18/11/2016 at arrival terminal of Maharana Pratap Airport, […]

Bank liable for Online Fraud transaction If Account holder not at Fault

December 21, 2020 11031 Views 0 comment Print

HDFC Bank Limited Vs Jesna Jose (NCDRC) In the present case, the Complainant stated that the credit card was in her possession when the disputed transactions had taken place. She has further stated that the transactions had taken place remotely, several miles away from her actual location and therefore, the reason for the fraudulent transactions […]

ITAT Allows Foreign Tax Credit under Indo-Japanese Tax Treaty to Law Firm

December 19, 2020 1866 Views 1 comment Print

ITAT Mumbai verdict on Amarchand & Mangaldas vs ACIT. Disputed tax credit under Indo-Japanese tax treaty. Details of the case and judgment.

CESTAT reduces penalty for Bonafide Foreign Currency Export Without RBI Permission & releases confiscated Currency

December 19, 2020 1395 Views 0 comment Print

Rajesh Kumar Ishwar Parikh Vs C.C. (CESTAT Ahmedabad) The Learned Authorized Representative in his submission also confirmed that Rs.19.91 Lacs were shown as Cash in hand in the books of Partnership Firm of both the appellants therefore, the source of fund for procuring the foreign currency was available with the appellants. The only lapse on […]

Frequently Asked Questions On COVID-19 Vaccine

December 19, 2020 945 Views 0 comment Print

Target Group: General Public Q.1 Is a COVID vaccine scheduled anytime soon? Ans: Yes, vaccine trials are under different stages of finalization. Government of India is geared to launch a vaccine for COVID 19 soon. For more information and updates visit www.mohfw.gov.in Q.2 Will COVID 19 vaccine be given to everyone simultaneously? Ans: Based on […]

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