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Term “recovery” includes adjustment thereby reducing demand: Section 220/245

October 29, 2019 1758 Views 0 comment Print

i) The term recovery is comprehensive and includes adjustment thereby reducing the demand; (ii) It will be specious & illogical for the Revenue to contend that if an issue is decided in favour of the assessee giving rise to a refund in an earlier year, that refund can be adjusted u/s 245, on account of the demand on the same issue in a subsequent year.

Transaction value cannot be rejected merely for higher value deceleration by exporter

October 28, 2019 810 Views 0 comment Print

Shri. Haji Sumar Vs Commissioner of Customs (CESTAT Chennai) CESTAT Chennai has held that the transaction value adopted by the importer cannot be rejected merely based on export declarations received from Turkish Customs, public ledger and Commodity Trade Statistics Data (Comtrade).  Shri. Haji Sumar, who is one of the partners of M/s. Diamond Traders, has […]

Section 234E Fees for each purchased flat justified for delay in and for non-filing of Form 26QB

October 26, 2019 3591 Views 0 comment Print

M/s. Cornerview Construction & Developments Pvt. Ltd. Vs ACIT (ITAT Mumbai) Now, coming to the primary contention of the learned Authorised Representative that all the transactions relating to purchase of flats should be taken as a single transaction for the purpose of filing the IDS statement and computing fee under section 234E of the Act, […]

D.K. Shivakumar gets bail in Money Laundering Case

October 26, 2019 2343 Views 0 comment Print

D. K. Shivakumar Vs Directorate of Enforcement (Delhi High Court) While dealing with the bail application, it is not in dispute that three factors have to be seen viz. i) flight risk, ii) tampering evidence iii) influencing witnesses. Regarding the flight risk, neither argued by learned Additional Solicitor General nor placed any material on record, […]

Single member cannot pass order on matter heard by two Members: NCLAT

October 25, 2019 1509 Views 0 comment Print

The order of ‘admission’ is challenged on the ground that the matter having been heard by two Hon’ble Members and the final order could not have been passed by Hon’ble Member (Judicial).

Addition for undisclosed stock not justified for mere difference in closing stock valuation

October 25, 2019 4455 Views 0 comment Print

Addition on account of undisclosed stock/ production is not justified where no physical discrepancy was found/detected by the survey team and excess value of stock was merely because of difference in valuation of closing stock

Bank Deposit Insurance by DICGC- FAQs

October 24, 2019 4890 Views 1 comment Print

Each depositor in a bank is insured upto a maximum of 1,00,000 (Rupees One Lakh) for both principal and interest amount held by him in the same right and same capacity as on the date of liquidation/cancellation of bank’s licence or the date on which the scheme of amalgamation/merger/reconstruction comes into force.

Income Tax Department conducts search on a prominent business group in Delhi 

October 23, 2019 1017 Views 0 comment Print

Income Tax Department conducted search operation on a group based in Delhi in connection with tax evasion and money laundering. The group is engaged in various e-governance projects and financial services. It has presence across several cities in India and also in Dubai.

Extend last date for annual filing under Companies Act, 2013: ICSI

October 22, 2019 51384 Views 2 comments Print

ICSI received many requests from companies/ professionals for extension of last date for filing of annual forms due to the following reasons:

Stay against recovery granted not automatically lapses after six months

October 22, 2019 1860 Views 0 comment Print

Oracle Financial Services Software Ltd Vs DCIT (Bombay High Court) We are prima facie of the view that the Revenue Authorities committed serious error. Against the total demand arising out of the order of assessment of Rs. 205 crore, the Assessing Officer has already recovered a total of Rs. 140 crores by now through different means. […]

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