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Subsidy income derived from business of industrial undertaking eligible for section 80IB deduction

February 28, 2022 1239 Views 0 comment Print

ITAT Held that the assessee is eligible for deduction u/s 80 IB of the Income Tax Act on fertilizer subsidy received by it. Accordingly, we hold that the fertilizer subsidy income received by the assessee is income derived from the business of the industrial undertaking and is eligible for deduction u/s 80 IB of the income tax act.

Invocation of section 13(2)(b) in absence of sufficient inquiry is unsustainable in law

February 28, 2022 897 Views 0 comment Print

In the present case, the AO, apart from relying upon some opinion of rent from property broker firms and websites, does not appear to have made any independent inquiry on the adequacy of the rent being charged by the respondent/assessee from Hamdard Dawakhana (Wakf).

Gujarat HC directed physical issuance of notice and order till clearance of technical glitches in GSTIN

February 24, 2022 7092 Views 0 comment Print

Aggarwal Dyeing and Printing Works Vs State of Gujarat (Gujarat High Court) Facts- The writ applicant is a sole proprietary concern and is engaged in the business of manufacturing of dyeing and printing fabrics. The writ applicant was a registered dealer holding GSTIN with effect from 04.08.2017. The copy of such registration certificate in the […]

Consumer u/s 2(1)(d) covers only services availed exclusively for the purposes of earning the livelihood by means of self-employment

February 22, 2022 2934 Views 0 comment Print

It could thus be seen, that when a person avails a service for a commercial purpose, to come within the meaning of ‘consumer’ as defined in the said Act, he will have to establish that the services were availed exclusively for the purposes of earning his livelihood by means of self-employment. There cannot be any straitjacket formula and such a question will have to be decided in the facts of each case, depending upon the evidence placed on record.

Corporate Person does not normally include any Financial Service Provider

February 22, 2022 2847 Views 0 comment Print

Shapoorji Pallonji Finance Private Limited Vs Rekha Singh (NCLT Jaipur) Facts- The Company Petition No. (IB)- 27/95/JPR/2021 has been filed by Shapoorji Pallonji Finance Private Limited, the Financial Creditor, under Section 95 of IBC, 2016 to initiate insolvency resolution process in the case of Shri Ajay Singh (Personal Guarantor / Applicant) under Section 60 & […]

Order passed within time, but communicated late, cannot dilute the validity of an order

February 21, 2022 6912 Views 0 comment Print

The Adjudicating Authority Vs M/s. Anuttam Academic Institutions (Madras High Court) Facts- During the year 2017, a search was conducted in the premises of Marg Group of companies and its related entities, which resulted in seizure of various documents allegedly indicating the prohibited transactions as per clause A of section 2(9) of the Act. Therefore, […]

Siphoned Off Funds – SEBI Bars Anil Ambani & RHFL From Securities Market

February 20, 2022 2706 Views 0 comment Print

In Re matter of Reliance Home Finance Limited & Ors. (Securities and Exchange Board of India) Facts- The Securities and Exchange Board of India on Reliance Home Finance Ltd and other individuals from dealing with the securities market directly or indirectly for allegedly siphoning off/diversion of funds from the company. An investigation was undertaken by SEBI […]

ITAT reduces disallowance of bogus purchases to 2%

February 20, 2022 2283 Views 0 comment Print

R R Carwell Pvt. Ltd. Vs DCIT (ITAT Delhi) Disallowance of bogus purchases reduced to 2% when existence of some parties proved and payments were routed through bank Facts- The assessee is engaged in the application/job-work of Auto Additives and Car care Products across various two-wheelers and four-wheelers authorized service centers. It filed its ROI […]

HSN mentioned by supplier is just a base, imported goods can be classified under any other appropriate HSN

February 20, 2022 6129 Views 0 comment Print

Commissioner of Central Excise And Customs Vs Reliance Infrastructure Ltd. (CESTAT Hyderabad) Facts- The assessee imported various equipment from Reliance Infra Projects and Zhejiang and cleared them by filing 36 Bills of Entry (BOE) with the Customs at Kakinada. BOE filed in the Customs EDI system are either marked to an officer for assessment or […]

Notaries in foreign country can be legally recognized by court even without reciprocity between countries

February 19, 2022 29013 Views 1 comment Print

The Court has held that even though there might be no reciprocity between India and another country under Section 14 of the Notaries Act, 1952, the notarial acts of the Notaries in the foreign country could be given legal recognition by the courts and authorities in India.

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