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In absence of Cross Examination, statements used against appellants has to be discarded

May 10, 2022 906 Views 0 comment Print

It is well settled by decisions of Tribunals and higher forums that for cases of such alleged clandestine manufacture and clearances, fundamental criteria have to be established by the Revenue and there should be tangible evidence of clandestine manufacture and clearance of such goods and not undue inferences or unwarranted assumptions.

Section 56(2)(vii)(c) not applicable to bonus shares: ITAT

May 10, 2022 4203 Views 0 comment Print

JCIT Vs Sh. Bhanu Chopra (ITAT Delhi) The only issue involved in the instant case relates to acquiring of bonus shares and applicability of the provisions of section 56(2)(vii)(c) of the Act to the same. It was held by the Tribunal that allotment of bonus shares cannot be considered as received for an inadequate consideration […]

Delay of 1037 Days in filing Appeal due to Wrong Professional Advice condoned

May 10, 2022 2466 Views 0 comment Print

Bangalore Metro Rail Corporation Ltd. Vs DCIT (ITAT Bangalore) We note that Ld. CIT(A) dismissed the appeal in limine due to the delay caused in filing the appeal before him. The affidavit that was filed by the assessee before the Ld. CIT(A) reveals that, assessee was subjected to wrong professional advice on the issues that, […]

60% depreciation eligible on UPS forming integral part of computer

May 10, 2022 4668 Views 0 comment Print

Frick India Ltd. Vs DCIT (ITAT Delhi) Assessee had made a claim of depreciation of Rs 60% on UPS but the AO restricted the claim of depreciation @ 15% only on the UPS and disallowed the excess 45% namely, Rs.50,320/-. It was submitted on behalf of the assessee that it is settled proposition of law […]

For initiation of Section 147 proceedings AO has to consider prima facie material not sufficiency of correctness of material

May 10, 2022 657 Views 0 comment Print

At the time of initiating the proceedings under Section 147 of the Act, the assessing officer has to only examine whether there is prima facie material on the basis of which the assessment should have been reopened. The Supreme court has held that at this stage the court is only required to see whether there was prima facie some material on the basis of which the department could reopen the case. The sufficiency of the correctness of the material is not a thing to be considered at the stage.

Kerala HC explains date of effectiveness of KVAT Registration

May 10, 2022 231 Views 0 comment Print

KVAT registration once cancelled has to be published in two leading daily newspapers at least and the dealer should be informed as per notice in Form No.5 B. Then only the cancellation of registration shall be effective.

IBBI penalises IP for laxity & delay in obtaining documents related to CD

May 10, 2022 588 Views 0 comment Print

The DC of IBBI observes that under section 35(1)(l) of the Code it is duty of liquidator to investigate the financial affairs of the corporate debtor to determine undervalued or preferential transactions. The liquidator is not required to depend on SCC for filling applications under sections 43, 45, 50 or 66 of the Code. In […]

DGAP to re-investigate allegation of Profiteering against Gopal Teknocon

May 10, 2022 264 Views 0 comment Print

Indian Oil Corporation Ltd. Vs Gopal Teknocon Private Limited (NAA) It is accepted fact that petroleum products play a very important role in day-to-day life of an individual and also fuel the economy. It is also well-known fact that refining and further processing and delivery of the petroleum product is a continuous process and any […]

FAQs on e-invoice / IRN System under GST

May 9, 2022 24405 Views 0 comment Print

Discover the FAQs on e-invoice/IRN system under GST. Get answers to common questions about e-invoicing and its differences from normal invoices.

Weekly newsletter from Chairman, CBIC dated 09.05.2022

May 9, 2022 822 Views 0 comment Print

On the Anti-Evasion side, on the basis of a specific input from the National Customs Targeting Centre, officers of Delhi Customs Preventive Commissionerate intercepted a consignment declared as Photocopy Paper at ICD Palwal, Haryana. Examination of the consignment revealed that except the front row, the consignment contained more than 79,00,000 cigarettes having an approximate value in excess of Rs. 15 Crore. Kudos to the officers for a fantastic detection.

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