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IBC, 2016 would prevail over Customs Act, 1962: SC

August 27, 2022 4131 Views 0 comment Print

SC held that IBC would prevail over Customs Act, and once moratorium is imposed in terms of sections 14 or 33(5) of Code, the customs authority only has a limited jurisdiction to assess/determine quantum of customs duty and other levies.

Section 194IA is qua each transferee and not qua aggregate consideration

August 27, 2022 7053 Views 1 comment Print

Section 194A provision provides that obligation cast under Section 194IA is qua each transferee and not qua aggregate consideration.

Expense on Benami Liquor License Fees not allowed

August 27, 2022 1377 Views 0 comment Print

Liquor license fee paid by assessee who is not license holder cannot be treated as eligible expenses & not allowable

Foreign Currency in excess of permissible limit liable for confiscation

August 27, 2022 4377 Views 0 comment Print

Currency was attempted to the exported and was brought within the limits of customs area contrary to the restrictions and prohibitions imposed by the Customs Act or any other law for time being in force, is liable for confiscation.

ITAT allows Exemption on pharmacy income of Charitable hospital

August 27, 2022 1746 Views 0 comment Print

Activity of Chemist / Pharmacy is incidental or ancillary to dominant object or purpose for running a hospital & Tax Exemption allowable.

ITAT taxed cash deposit in Undisclosed bank account at presumptive tax @ 8%

August 27, 2022 2865 Views 0 comment Print

Ashim Kumar Mahanta Vs ITO (ITAT Kolkata) The undisputed fact is that in this case Rs.27,68,700/- has been found deposited in the joint account of assessee as well as his wife in the savings bank account of Axis Bank. When confronted by the AO after reopening the assessment, according to the assessee, this amount was […]

No penalty for failure to file form DIN-3 due to non-furnishing of DIN by director  

August 26, 2022 3996 Views 0 comment Print

Discover why no penalty was imposed for failure to file Form DIN-3 in Rajasthan. Get insights into Companies Act, 2013 violation case, and registrar’s decision

CESTAT upheld absolute confiscation of smuggled gold bars

August 26, 2022 663 Views 0 comment Print

No dispute about illicit transaction of smuggling of old bars. So Commissioner (A) has rightly upheld absolute confiscation of gold bars.

Addition for excess Gold – ITAT extends benefit of CBDT Instruction to mother of married female assessee

August 26, 2022 882 Views 0 comment Print

Mother of assessee is staying with her and hence benefit of CBDT Instruction No. 1916 should also be extended to the mother of assessee

Intrinsic value of shares is a reasonable method of ascertaining fair market value of shares

August 26, 2022 2103 Views 0 comment Print

ITAT held that intrinsic value of the shares on the basis of net assets divided by the total number of equity shares is most appropriate.

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