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Adjustments by section 143(1) intimation on debatable issues not permissible

May 30, 2022 3741 Views 0 comment Print

It is well settled that any adjustments u/s 143(1) of Income Tax Act by way of intimation u/s 143(1) of Income Tax Act, on debatable and controversial issues, is beyond the scope of Section 143(1) of Income Tax Act.

Mere association with a terrorist organization not sufficient to attract section 38 offence

May 30, 2022 1089 Views 0 comment Print

HC held that mere association with a terrorist organisation as a member or otherwise will not be sufficient to attract the offence under Section 38 unless the association is with intention to further its activities.

Additional depreciation available on installation of power plant & windmill

May 30, 2022 777 Views 0 comment Print

It is held that assessee is entitled to additional depreciation u/s 32(1)(iia) on power plant and the windmill installed during the year.

Reexamine imposition of anti-dumping duty on Viscose Staple Fibre: CESTAT Delhi

May 30, 2022 1092 Views 0 comment Print

Anti-Dumping Appeal is allowed to the extent that the designated authority shall re­examine and give a fresh finding as to whether cessation of anti-dumping duty would likely lead to continuation or recurrence of injury so as to warrant imposition of anti-dumping duty for a further period of five years.

Section 271B Penalty not leviable when books of accounts not maintained

May 30, 2022 1845 Views 0 comment Print

ITAT Chennai held in the case of Shanthilal D Jain Vs DCIT that Penalty under Section 271B for failure to get account audited not leviable when books of accounts are not maintained.

Belated retraction falls in afterthought category & has less efficacy in law

May 28, 2022 2598 Views 0 comment Print

M. D. Infra Developers Vs DCIT (ITAT Surat) Facts- The assessee firm is in the real estate business. A search action under section 132 of the Income-tax Act, 1961, was carried out on 17-07-2012 in the group cases of Dalia (Badshah) Babariya Group of Surat. The AO observed the modus operandi for purchase of said […]

Customers Broker not liable for penal action for bonafide action based on material given by client

May 28, 2022 1362 Views 0 comment Print

he appellant no doubt has filed Bill of Entry in the present case. But the same has been filed on the basis of material given to him by his client. He has expressed his bonafide and denied in-correctness of those documents. Merely because there is evidence on record to falsify the said statement, Customs Broker cannot be held liable for the penal action.

Excise duty not leviable on intermediate goods captively consumed for manufacture of exempted final products

May 28, 2022 2439 Views 0 comment Print

Spray King Agro Equipment Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) Facts- The appellant is engaged in the manufacture of Brass parts of agricultural products falling under Chapter sub- heading 8424900 of the Central Excise Tariff Act, 1985. As per the Notification No. 03/2005-CE dated 24.02.2005, Brass parts of Agriculture Products are exempted from […]

Compensation available in case of medical negligence based on report of MCI

May 28, 2022 2949 Views 0 comment Print

The MCI on the conduct of Respondent 1 leave no doubt in our mind that this is certainly a case of medical negligence leading to deficiency in his services. NCDRC, except referring to the general principles of law as laid down in the judgments of this Court has not attempted to draw its conclusion from the oral and documentary evidence available on record.

Loss on sale of Government ‘Available For Sale’ securities is trading loss

May 28, 2022 1263 Views 0 comment Print

We note that the term Cooperative Bank is specifically excluded in the first proviso to sub clause (a) of section 36(1)(viia) of the Act. Accordingly, the Ld. AO has rightly computed the deduction eligible U/s. 36(1)(viia) of the Act. We therefore uphold the order of the Ld. AO on this ground.

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