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Tax discharged by GPA holder – Taxing the same Income again is untenable

June 18, 2022 1683 Views 0 comment Print

Based on the merits of the case on a beneficial note we are of the opinion that since the GPA holder namely Sri. Yarlagadda Ravi Chandra Prasad has disclosed the income from the sale of plots gifted by his sister in his return of income and discharged his liability of taxes on returned income, in his return of income, the same cannot be taxed once again in the hands of the assessee.

Rejection of expense merely based on narration of bill unsustainable

June 18, 2022 444 Views 0 comment Print

The narration of the professional fee bill by the payee is not at all material in rejecting the professional fee bill.

Interest payable if pre-deposit not refunded within 3 months

June 18, 2022 4749 Views 0 comment Print

In the present case, section 35F of the Excise Act, as it stood prior to 06.08.2014, provides for payment of interest only if the pre-deposit amount is not refunded within a period three months from the date of communication of the order to adjudicating authority.

TDS credit, not eligible in the year under consideration, allowed in the year tax deducted

June 18, 2022 2742 Views 1 comment Print

Held that if assessee is not eligible for credit in the year under consideration then credit for the same should be allowed in the year in which tax has been deducted by the deductor.

Disallowance u/s 43B unsustainable as interest paid via OD/CC account

June 18, 2022 3972 Views 0 comment Print

The interest amount has been actually paid by the assessee through Overdraft/Cash Credit account and, therefore, set aside the disallowance made under Section 43B of the Act.

USA Resident is covered by beneficial provisions of India & USA DTAA

June 18, 2022 378 Views 0 comment Print

Intelsat Corporation Vs ACIT (ITAT Delhi) Ld. AO erred in not appreciating that appellant being a resident of USA is covered by the beneficial provisions of DTAA between India and USA and accordingly, could not be taxed under the provisions of the Act. The Ld. Counsel for the assessee submitted that, the issues involved in […]

No refund in absence of unjust enrichment

June 17, 2022 1716 Views 0 comment Print

Commissioner of CGST Vs Narbada Industries (Jammu & Kashmir High Court) That no refund can be ordered against a party, if that party has not been unjustly enriched or when it has acquired the benefit lawfully. Since the assessee have got the benefit of refund lawfully under the prevailing law, they cannot be directed to […]

Restrained from using ‘BURGER KING’ as trademark infringement

June 17, 2022 537 Views 0 comment Print

Restrained the defendants from offering or advertising any goods or services, using or registering corporate names, domain names or pages bearing the trademarks BURGER KING, BK and/ or any mark deceptively similar to the Plaintiff’s trademarks.

Filing of writ petition, before final order, unsustainable

June 17, 2022 786 Views 0 comment Print

Final order in the re-assessment proceedings is yet to be passed. Hence, the writ petition itself was premature and no relief could be granted thereof.

Dual Compensation from insurance co. and Motor Vehicle not tenable

June 17, 2022 3000 Views 0 comment Print

The compensation for medical expenses is a matter of reimbursement and hence once the insurance company has chosen to compensate the victim of road accident for medical expenses, the same cannot be once again claimed under the Motor Vehicles Act

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