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TDS not deductible on exempt supplementary rent – Section 10(15A)

November 5, 2021 2049 Views 0 comment Print

The appellant has alleged disallowance of lease rental payment treating the same as capital expenditure. Further, the appellant has also alleged that CIT(A) has erred in upholding the payment of supplementary rent to Lessors in Ireland under Lease Agreements executed after 01st April 2007 attracts liability for TDS.

Writ petition not maintainable in presence of Statutory Alternative Remedy

November 4, 2021 16575 Views 0 comment Print

Sony Sales Corporation Vs State of Maharashtra & Anr. (Bombay High Court) Order of Sales Taxes Officer challenged via writ petition – complete hierarchy of appellate authority/ court is provided under MVAT Act – writ petition not entertained. Facts- An order passed by the Sales Taxes Officer was challenged in via writ petition. Main issue […]

Capital subsidy liable to be excluded from computation of book profit

November 4, 2021 6117 Views 0 comment Print

Sunrise Biscuit Co. Pvt. Ltd. Vs ITO (ITAT Gauhati) VAT subsidy received by the Assessee – subsidy received for substantial expansion of the undertaking – subsidy is capital in nature – capital subsidy liable to be excluded from the computation of books profit Facts- The assessee has received subsidy of INR 8,78,84,902/- from the Industrial […]

Blending of 5% ethanol with 95% motor spirit forming EBMS doesn’t amount to manufacture

November 4, 2021 3114 Views 0 comment Print

Reliance Industries Ltd. Vs C.C.E. & S.T.-Rajkot (CESTAT Ahmedabad) Appellant blended 5% ethanol with 95% motor spirit to form EBMS – such blending doesn’t amount to manufacture – final duty payable on EBMS. Facts- The appellant is engaged in the manufacture of Motor spirit. The motor spirit is blended with Ethanol for the purpose of […]

ITAT disallows grossing up of TDS deducted on interest paid to AE

November 3, 2021 4872 Views 0 comment Print

Lite-on Mobile India Pvt. Ltd. Vs DCIT (ITAT Chennai) Facts- TPO in respect of procurement of management services determined NIL arm’s length price by holding that the assessee didn’t bring any evidence on record to suggest that it was in need for services for which it has paid to its AEs. Further, assessee has availed […]

Profit attribution not permissible in absence of PE in India

November 2, 2021 867 Views 0 comment Print

We are of the considered view that the appellant has no business connection in India in respect of supply of GSM System by the appellant to cellular operators in India and further, there is no PE in any form in India in the captioned Assessment Years and therefore, the question of attribution of profit does not arise at all.

Judgment cannot be given based on evidence recorded in other trial despite same offence

November 2, 2021 33102 Views 0 comment Print

A.T. Mydeen and Another Vs Assistant Commissioner, Customs Department (Supreme Court of India) High Court fell into an error while passing a common judgement, based on evidence recorded in only one trial, against two sets of accused persons having been subjected to separate trials – matter remanded Facts- The main issue involved in the matter […]

ITC of inputs, capital goods & services used in fabrication, erection, installation of towers & shelter is admissible

October 31, 2021 4470 Views 0 comment Print

Brief issue involved in the matter is that whether the credit on inputs and capital goods / services used in fabrication, erection, installation of towers and shelters is admissible or not. Further, issue also involves that whether extended period can be invoked in the present matter.

No amortization on additional supplies when cost fully amortized on initial supply

October 31, 2021 966 Views 0 comment Print

The appellant received patterns from their customers to whom they supply the casting manufactured using the patterns. In one of the order the total cost of pattern was amortized and accordingly the appellant did not took into consideration the value of pattern while clearing the additional order.

Accident claim benefit available only when accident took place after reviving of policy

October 29, 2021 861 Views 0 comment Print

Accident benefit could have been claimed and availed of only if the accident had taken place subsequent to the renewal of the policy. The policy in the instant case was lying in a lapsed condition since 14th October, 2011 and, therefore, was not in force as on 06.03.2012, resultantly, the claim over Accident benefit was not payable to the respondent as per the conditions of the contract of insurance.

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