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CENVAT Credit eligible on Insurance Services incurred for Employee

June 20, 2022 348 Views 0 comment Print

Every industry under statutory norms required to take group Medi-claim Insurance, Group personal accident insurance, insurance, motor car/vehicle insurance etc. from the insurance companies for which the payment of premium is paid by the assessee and the same is accounted in their books of accounts as expenditure.

Transfer Sought by Wife cannot be denied for Inconvenience of Husband’s POA Holder

June 18, 2022 1266 Views 0 comment Print

Inconvenience of power of attorney holder (whether he is male or female) is not a reason to deny transfer sought for by the wife.

CESTAT imposes Rs. 10 lakhs cost on appellant for abuse of process

June 17, 2022 408 Views 0 comment Print

Tasleem Ahmed Vs Commissioner of Customs, Central Excise and Service Tax (CESTAT Delhi) In this case appellant has clearly abused the process and has filed this appeal against the order dated June 30, 2017, which order was earlier assailed by the appellant by filing Excise Appeal no. 50087 of 2018 and this appeal was dismissed […]

Sec. 271(1)(c) Penalty imposed cannot survive if assessment order quashed

June 17, 2022 1746 Views 0 comment Print

Heritage Infracon Pvt. Ltd. Vs DCIT (ITAT Delhi) At the outset learned counsel for the assessee submitted that in quantum proceedings the Tribunal vide its order dated 4.12.2019 was pleased to delete the addition made by the Assessing Officer. Revenue has not disputed the fact that the assessment has been quashed by the Tribunal in […]

Cess credit refund cannot be denied for non-utilisation prior to GST regime

June 17, 2022 1107 Views 0 comment Print

Refund of credit of cess cannot be denied merely on the ground that such credit, which could not be utilized prior to GST regime, would stand lapsed.

No Section 271(1)(c) penalty when quantum addition was set aside

June 17, 2022 2271 Views 0 comment Print

Tanya Automobiles Pvt. Ltd. Vs ACIT (ITAT Delhi) It was pointed out by the Ld. Counsel for the assessee that the quantum appeal arising out of assessment order has been decided vide ITA No. 1842/Del/2017 and the addition has been deleted. The fact could not be controverted by the Revenue. The Bench is of firm […]

Non-jurisdictional AO cannot issue Section 148 notice to Appellant

June 16, 2022 2370 Views 0 comment Print

Louis Dreyfus Company Asia Pte. Ltd Vs CIT (International Taxation) (Delhi High Court) Learned counsel for the petitioner submits that since the impugned notice dated 30th March, 2019 has been issued under Section 148 of the Act by respondent no.3 based in Mumbai, who is a non-jurisdictional Assessing Officer, he is not entitled to exercise […]

Interest on interest free loan to director for non-business purpose disallowable

June 16, 2022 1719 Views 0 comment Print

Kamal Translifters Vs ACIT (ITAT Ahmedabad) Though the assessee’s claim that payment made to the Director, was for business expediency, but the assessee could not prove before us the nexus between the assessee-company with its subsidiary company in the nature of trade and business. Furthermore, Shri Kamal Deshraj Dogra being director of both the companies, […]

HC restores GST Registration which was cancelled without opportunity of hearing 

June 16, 2022 372 Views 0 comment Print

G.S.T. registration stands restored. If the Department wants to proceed against the writ-applicant in future on any grounds, it may do so in accordance with law after giving due opportunity of hearing to the writ-applicant.

No Section 143(1) Adjustment on debatable issues without intimation to assessee

June 16, 2022 4098 Views 0 comment Print

The first proviso to section 143(1)(a) make it very clear that no such adjustment shall be made unless an intimation is given to the assessee of such adjustment either in writing or in  electronic mode.

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