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TDS u/s 195 not deductible on mere reimbursement

June 29, 2022 1596 Views 0 comment Print

TDS not deductible u/s 195 as the petitioner only seeks to make payment to Walmart Inc. of its payment to the seconded employee which is stated to be by way of reimbursement

Adjudicating authority can exercise discretion for provisional release of seized goods

June 29, 2022 2613 Views 0 comment Print

Held that para 2 of Circular 35/2017-Cus is clearly contrary to Section 110 A and is, consequently, void and unenforceable at law. It is not permissible for the CBEC, by executive fiat, to incorporate limitations, on provisional release of seized goods, which find no place in the parent statutory provision, i.e. Section 110 A of the Act.

RTI: Withholding of information, that is not sensitive/ confidential, is unjustified

June 29, 2022 1953 Views 0 comment Print

Held that the information that does not touch upon any of the sensitive and confidential activities undertaken by the Vigilance Department, cannot be withheld.

Shares, being tangible assets, depreciation not allowable u/s 32(1)(ii)

June 29, 2022 1854 Views 0 comment Print

Shares are financial assets classified as tangible assets because they derive value from contractual claims. Hence, the same is not depreciable u/s 32 (1) (ii) of The Act.

Criminal proceedings justified in concealment of income, without filing return

June 29, 2022 630 Views 0 comment Print

Criminal proceedings justified on account of wilful and deliberate concealment of true and correct income by not filing the return of income within the time stipulated

Period of limitation u/s 153 is applicable in remand matters

June 29, 2022 7431 Views 0 comment Print

Held that the period of limitation prescribed under Section 153 (2A) or 153 (3) is applicable, when the matters are remanded back irrespective of whether it is to the Assessing Officer or TPO or the DRP, the duty is on the assessing officer to pass orders.

Arbitration agreement enforceable by/ against the heirs of deceased

June 29, 2022 2868 Views 0 comment Print

Held that agreement would not be discharged by death of the party thereto and will be enforceable by or against the heirs of the deceased. Accordingly, present arbitration application allowed.

Adjustment in transfer price on sole criteria of extraordinary profit unjustified

June 29, 2022 1005 Views 0 comment Print

Held that mere extraordinary profit cannot be criteria for adjustment in the transfer price

Interference u/s 34 unjustified as arbitral award doesn’t contradict public policy

June 29, 2022 2211 Views 0 comment Print

Provisions of section 34 restricts the scope of interference with the arbitral award on the ground of public policy. Present arbitral award doesn’t contradict public policy hence interference unjustified.

Branch in any other country, treated as ‘separate person’, Service tax not payable in India

June 29, 2022 1398 Views 0 comment Print

Held that a person carrying on a business through a branch or agency in any country shall be treated as having a business establishment in that country and such establishment situated abroad as a separate person.

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