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Interest rate on unsecured loan cannot be compared with interest rate on bank loan

July 10, 2022 8262 Views 0 comment Print

R R M Trading Co. Vs ACIT (ITAT Delhi) ITAT find that AO has restricted the payment of interest to the related parties @ 18% to 12% on the ground that it is excessive and unreasonable looking to the fact that assessee has paid interest to the partners @ 12% which is in accordance with […]

Sale of Renewable Energy Certificate (Carbon Credit) is capital receipt

July 10, 2022 2802 Views 0 comment Print

Essel Mining & Industries Limited Vs DCIT (ITAT Mumbai) ITAT held that sale of Renewable Energy Certificate (Carbon Credit) of income received by the assessee is a capital receipt and could not be business receipt or income nor it is directly linked with the business of the assessee nor any asset is generated in the […]

Duty drawback cannot be denied when Advance Licenses were invalidated

July 10, 2022 1620 Views 0 comment Print

Tufropes Pvt Ltd. Vs Union of India (Bombay High Court) One fact very clearly emerges from the documents annexed to the petition and the affidavits is that the advance licences of petitioner were invalidated for direct import of relevant HDPE/P Granules / Chips and petitioner was allowed to procure the same indigenously from Reliance Industries […]

No addition for cash payment for property out of cash withdrawals by family members

July 10, 2022 1101 Views 0 comment Print

Gurmeet Kaur Khurana Vs ITO (ITAT Chandigarh) The relevant facts of the case are that the assessee had invested an amount of Rs.6 lacs for immovable property with M/s Bajwa Developers Ltd. The investment was made vide cash payments. The transaction was flagged. It was noticed that no tax return was filed by the assessee. […]

Reassessment Proceedings cannot be initiated against a dead person

July 10, 2022 1125 Views 0 comment Print

Ela Roy Vs ITO (Calcutta High Court) Petitioner being the sister of the noticee, in response to notice under Section 148 of the Act has filed the return. Petitioner submits that she being a lay person, due to inadvertence has filed the return on behalf of her brother noticee though she had already informed the […]

Extended Limitation cannot be invoked if SCN was issued based on balance sheet

July 10, 2022 1023 Views 0 comment Print

Commissioner of Central TAX Vs ABB Limited (Karnataka High Court) Undisputed facts of the case are, as recorded in paragraph 6 of the show cause notice, it was issued based on the balance sheet for the year ending 2008. Thus, the contentions of the Revenue that respondents trading activity was not known to the department […]

Adjudicating authority cannot review order of appellate authority in limited remand  

July 10, 2022 1179 Views 0 comment Print

Technova Imaging Systems Pvt. Ltd. Vs Commissioner of Customs (CESTAT Mumbai) Refusal of SAD to the Appellant-importer by the Refund Sanctioning Authority that has received concurrence of the Commissioner (Appeals) in the second round of litigation is assailed in this appeal. The gist of the order of Commissioner (Appeals) is that goods imported and goods […]

Andhra HC allows Interest for delay in payment of VAT Refund

July 10, 2022 1554 Views 0 comment Print

Vekanteswara Electricals Vs State of Andhra Pradesh (Andhra Pradesh High Court) It is to be noted here that as per Section 38 (1)(a) of the APVAT Act, 2005, a refund is to be made within 90 days from the date of claim made by the dealer. As stated above, the claim was made nearly a […]

Interest under section 28 of Land Acquisition Act cannot be taxed despite TDS deduction

July 10, 2022 5835 Views 0 comment Print

Umang Sitani Vs ITO (ITAT Delhi) During the year, the assessee has received Rs.2.58 Cr. on account of compulsory acquisition of his land comprising an amount of Rs.79.17 lacs on account of compensation and Rs.178.92 lacs on account of interest on land compensation, the fact of which is not in dispute. The AO treated the […]

No penalty for mis-declaration of origin of goods without any evidence of deliberate mis-declaration

July 10, 2022 1701 Views 0 comment Print

Shobha Plastics Pvt Limited Vs Commissioner of Customs (CESTAT Ahmedabad) The Principal Commissioner of Customs Ahmedabad vide impugned order has imposed penalty under section 112 (a) of the Act upon the appellants Jayesh Mehta and Harshad Vadodaria on the ground that appellants herein have aided and abetted the importer in importing the goods by way […]

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