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Principal place of business of 3rd person will be place of supply where supply is made on direction of 3rd person

November 27, 2023 3330 Views 0 comment Print

Kerala High Court held as per Section 10(1)(b) of the IGST Act, the place of supply of goods in case where the supply is made on the direction of the 3rd person, it would be deemed as 3rd person has received the goods and the place of supply of such goods shall be the principal place of business of such 3rd person.

TP adjustment deleted as rates on which power is available via Indian Energy Exchange cannot be applied

November 27, 2023 966 Views 0 comment Print

ITAT Mumbai held that the rates on which power is available through Indian Energy Exchange cannot be applied, because these are not the rates to the consumers but rates to the DISCOMs. Accordingly, transfer pricing adjustment deleted.

Notification dated 29.01.2020 revoking MEIS benefit retrospectively is unsustainable

November 26, 2023 1743 Views 0 comment Print

Delhi High Court held that the notification dated 29th January 2020, retrospectively revoking the benefit under the Merchandise Exports from India Scheme (MEIS) in respect of Flexible Intermediate Bulk Container bags, with effect from 7th March 2019, is unjustified and unsustainable in law.

Issue of summon cannot be presumed to culminate into arrest of person being summoned

November 26, 2023 1137 Views 0 comment Print

Delhi High Court held that as per the scheme of PMLA that power to issue summons u/s. 50 of PMLA is different from the power to arrest u/s. 19 of PMLA. Further, issuance of summons to join investigation and give some evidence or document to the investigation agency cannot be presumed to culminate into the arrest of person being so summoned.

Documents found in possession of any person during search is presumed belonging to such person

November 25, 2023 16776 Views 0 comment Print

ITAT Bangalore held that u/s. 292C of the Income Tax Act, there is a presumption that the documents found in the possession or control of any person in the course of search, belongs to such person and contents of such document are true.

CBDT circular fixing time limit for filing application for compounding of offences struck down

November 25, 2023 1527 Views 0 comment Print

Madras High Court held that the CBDT is not empowered to fix the time limit for filing the application for compounding of offences, which is contrary to the provisions of Section 279(2) of the IT Act. Accordingly, CBDT circular dated 14.06.2019 fixing the same is liable to be struck down.

Criminal proceedings quashed as there is no legally enforceable debt on date of issue of cheque

November 25, 2023 23133 Views 0 comment Print

Gujarat High Court held that criminal proceedings in case of Central Excise Duty evasion quashed as there is no legally enforceable debt on the date of issuance of cheques.

Bad debts written off by non-rural branches u/s. 36(1)(vii) are allowable

November 25, 2023 1836 Views 0 comment Print

ITAT Bangalore held that assessee is eligible to avail deduction of an amount representing actual write off in the books of account of bad debts relating to nonrural/urban advances in terms with section 36(1)(vii), as proviso to the said section would not apply to non-rural advances. 

Upfront lease premium on lease-hold land allowable as deduction u/s. 37(1) of Income Tax Act

November 25, 2023 6822 Views 0 comment Print

ITAT Kolkata rules on upfront lease premium, corporate guarantee fee, and royalty income. Key points from ACIT Vs Britannia Industries. Full order analysis.

Commission paid to foreign agent not regarded as fees for technical services u/s. 9(1)(vii)

November 25, 2023 2841 Views 0 comment Print

ITAT Delhi held that foreign commission paid by the assessee to its foreign agent for arranging of export sales and recovery of payment could not regarded as fees for technical services under section 9(1)(vii) of the Act. Accordingly, disallowance of expenditure u/s. 40(a)(i) unjustified.

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