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Demanding legitimate dues is not extortion under Section 385 of IPC

July 25, 2023 1593 Views 0 comment Print

In present facts of the case, the Hon’ble High Court quashed the proceedings under Section 385 of IPC pertaining to extortion as in the present case, the petitioners acted as per the agreement between the parties to demand their legitimate dues.

Tax Residency Certificate: Sufficient Proof to establish residency – Bombay HC

July 21, 2023 1098 Views 0 comment Print

In present facts of the case, the Hon’ble High Court have upheld the Judgment of ITAT wherein it was observed that the tax residency certificate is sufficient to determine the proof of residency and the income-tax authorities cannot ignore the valid tax residency certificate issued by the Government authority of the other contracting state, that is, Singapore.

Deposit of Penalty would have no effect on debarment Order passed under Section 132(4)(c) of the Companies Act: NCLAT

July 19, 2023 1092 Views 0 comment Print

In present facts of the case, it was observed that deposit of 10% of the penalty shall have no effect on the order of ‘debarment’ passed against the Appellant(s) under Section 132(4)(c). Order of ‘debarment’ shall continue to operate unless an order is passed by the Appellate Tribunal.

Anticipatory Bail denied as details of consideration pertaining to sale deed was missing: SC

July 18, 2023 13356 Views 0 comment Print

In present case, the Hon’ble Apex Court quashed the anticipatory bail filed under section 438 of the CrPC wherein the details pertaining to PAN Number and TDS were missing for the registration of sale deed and there was no source of transaction of consideration for the purchase of land even when the property in dispute was highly undervalued.

Cost of Goods Cannot be Included in Denominator of Profit Level Indicator when comparable are Business Auxiliary Service providers

July 14, 2023 1092 Views 0 comment Print

In present facts of the case, the Hon’ble ITAT observed that since, the assessee is found to be functionally comparable to the business auxiliary service providers, therefore it is established that the assessee has undertaken limited functions and risk in the merchanting trades segment and earns a fixed profit margin.

Job Worker liable to pay duty if Principal manufacturer did not file requisite undertaking: CESTAT

July 12, 2023 993 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal held that where a principal manufacturer did not file the requisite undertaking to the jurisdictional authority in terms of Notification No. 214/86, then the job worker was liable to pay the duty on the goods manufactured.

Additions to be based solely on tangible material and not on the basis of estimations or extrapolation theory: ITAT

July 11, 2023 1113 Views 0 comment Print

In present facts of the case, the ITAT observed that Guess work or estimation or extrapolation of income is not permissible unless there are strong evidences to suggest otherwise. The additions are to be based solely on tangible material and not on the basis of estimations or extrapolation theory

TDS under Section 195 shall not be subjected to disallowance under S. 40(a)(i): ITAT

July 8, 2023 2937 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal remanded the matter to AO to reconsider disallowance made under Section 40(a)(i) pertaining to whether the assessee has made TDS under section 192 with respect the salary paid to the seconded employees in its entirety.

Dividend earned from Egypt would not be taxable in India as per DTAA: ITAT

July 7, 2023 612 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal held that expenses made pertaining to Club Membership fees shall be allowed as business expenditure.

Discretion in Handling PPF Funds essential to fall under ‘Funds Management’ Service

July 5, 2023 921 Views 0 comment Print

Read the case of State Bank of India vs Commissioner of Service Tax and importance of discretion in handling funds under PPF accounts. Learn how CESTAT Mumbai decision impacts classification of services and taxability.

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