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A comparable cannot be rejected merely for extremely high/low margin compared to peers

October 12, 2021 900 Views 0 comment Print

JCIT Vs Amway India Enterprises Pvt. Ltd. (ITAT Delhi) A comparable should not be rejected simply on the ground that is margin is extremely high (or low) in relative comparison to the data pertaining to its peers. It is specifically observed by the CIT(A) that the rejection of the two comparables by the TPO, are […]

Foreign Exchange Management (Non-debt Instruments) (Fourth Amendment) Rules, 2021

October 12, 2021 6225 Views 0 comment Print

1. (1) These rules may be called the Foreign Exchange Management (Non-debt Instruments) (Fourth Amendment) Rules, 2021. (2) They shall come into force on the date of their publication in the Official Gazette.

Advance ruling cannot be given if applicant fails to furnish documentary evidence

October 12, 2021 378 Views 0 comment Print

In re SKS Infra Projects (GST AAR Rajasthan) In the case at hand, the applicant had not furnished any documentary evidence to substantiate their proposed scope of work, mode of supply (i.e. whether supply of goods or service or both) in the form of any work Order, quantum of goods or service or both to […]

Civil Court cannot Entertain Suit Structured on Industrial Disputes Act : SC

October 12, 2021 2835 Views 0 comment Print

Civil court lacks jurisdiction to entertain a suit structured on the provisions of the Industrial Disputes Ac. The decree favouring the plaintiff is a legal nullity and the finding of the High Court to this extent is upheld.

Faceless Assessment order quashed as password for VC not provided

October 12, 2021 15780 Views 0 comment Print

Neeraja Rateria Vs National Faceless Appeal Centre Delhi (Calcutta High Court) The Court: Heard learned advocates appearing for the parties. In this matter the petitioner has challenged the impugned assessment order dated 26th August, 2021 passed under section 143(3) read with section 144B of the Income Tax Act relating to assessment year 2018-19 and subsequent […]

Project specific Consultancy & Architect Fees not amount to FTS

October 11, 2021 1932 Views 0 comment Print

DCIT Vs Forum Homes Pvt Ltd. (ITAT Mumbai) A reading of Article 12(4) of the tax treaty would make it clear that payment made to a resident of one of the contracting state can be regarded as FTS, if, in course of providing managerial/technical or consultancy services, technical knowledge, experience, skill, know-how or processes is […]

Companies with turnover of less than Rs. 200 crores cannot be compared with companies having turnover exceeding Rs. 200 crores

October 11, 2021 3432 Views 0 comment Print

Biesse Manufacturing Company Pvt. Ltd. Vs DCIT (ITAT Bangalore) We have noticed that the turnover of the assessee company for software development segment was Rs. 4.56 crores and hence the assessee company falls in the category of companies having turnover of Rs. 1 to 200 crores. The coordinate bench in the case of Autodesk India […]

Alternate method for transfer of space by exiting unit under Rule 74 of SEZ Rules, 2006- reg

October 11, 2021 3861 Views 0 comment Print

In order to facilitate smooth operation of business activities by SEZ units and for the ease of doing business, following clarifications are issued for transfer of space under the extant provisions of Rule 74 of SEZ Rules, 2006:-

Section 153C order passed without disposing objection of Assessee Violates principle of natural justice

October 10, 2021 2901 Views 0 comment Print

Bajrang Tea Manufacturing Company Private Limited Vs Union of India (Calcutta High Court) I am of the view that a very short issue, according to me, involved in these writ petition is as to whether before passing the aforesaid impugned assessment orders, the objections/representations made by the petitioners against the initiation of impugned proceedings under […]

TPO bound by decision of Jurisdictional HC if same has not been suspended or stayed

October 10, 2021 777 Views 0 comment Print

Ikea Services India Pvt. Ltd. Vs ACIT (ITAT Delhi) The TPO has not accepted the decision of the Hon’ble Jurisdictional High Court of Delhi in the case of Li & Fund [supra] solely on the ground that an appeal has been recommended before the Hon’ble Apex Court. In our considered view, when the operation of […]

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