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Addition based on non-appearance of directors of subscribing company untenable

November 22, 2022 744 Views 0 comment Print

ITAT Kolkata held that non-compliance to summons issued u/s 131 of the Act or non-appearance of the directors of the subscribing companies cannot be basis for making addition as the assessee has proved the identity, creditworthiness of the investors and genuineness of the transactions.

Disallowance of expenditure incurred towards film not released is unsustainable

November 22, 2022 1890 Views 0 comment Print

ITAT Mumbai held that expenditure relating to film which was not released and hence not co-relatable to any income, cannot be disallowed as the expenses were incurred wholly and exclusively for the purpose of the business.

Interim relief granted to workers is covered within the purview of basic wages

November 21, 2022 3054 Views 0 comment Print

Kerala High Court held that interim relief granted to the workers at 20% of the wages of the works will come within the purview of the definition of basic wages as mentioned in Section 2(b) of the the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.

Criminal proceedings cannot continue on CA in absence of any personal interest in conduct of business

November 21, 2022 5337 Views 0 comment Print

Orissa High Court held that No Objection Certificate certified by the Chartered Accountant is the act of discharging his professional duty No criminal proceedings can be continued in absence of material showing personal interest in any gain/ loss of the parties conducting business.

Bail granted in Extortion Case as there was no possibility of tampering with evidence

November 21, 2022 3189 Views 0 comment Print

Jharkhand High Court held that bail granted as the petitioner was held to be not at flight risk and also there was no possibility of tampering the evidence or influencing/ intimidating the witness.

Real income cannot be determined based on only income tax returns in matrimonial conflict

November 21, 2022 2133 Views 0 comment Print

Supreme Court of India held that income tax returns do not necessarily furnish an accurate guide of the real income particularly when parties are engaged in a matrimonial conflict. Hence, it is for the Family Court to determine what would be the real income based on a holistic assessment.

Seriousness of offence alone not conclusive for grant of bail

November 21, 2022 1062 Views 0 comment Print

Allahabad High Court held that granted the bail in GST evasion case observing that the seriousness of the offences alone is not conclusive of the applicant’s entitlement to bail

Demand of service tax on cost sharing agreement unsustainable

November 21, 2022 1578 Views 0 comment Print

CESTAT Ahmedabad held that arrangement of the appellant with it is associate companies is in the nature of cost sharing and it would not be correct to say that the appellants are providing any services to their associate companies and hence demand of service tax unsustainable.

Pendency and not validity of appeal is required under Vivad Se Vishwas Scheme

November 21, 2022 1950 Views 0 comment Print

Delhi High Court held that Vivad Se Vishwas Scheme requires that the appeal should be pending and hence there is no need to introduce the quantification that the appeal should be valid or competent.

Proportionate credits of input services are distributable to contract manufacturing units

November 21, 2022 294 Views 0 comment Print

CESTAT Delhi held that M/s. Parle Biscuits Pvt. Ltd. can distribute credits on input services attributable to the final product on a pro rata basis proportionate to the turnover between the manufacturing plants of Parle and its contract manufacturing units

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