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Illegal Non-Basmati Rice Export: CESTAT reduces Penalty to Rs. 4 Lakhs

April 10, 2022 999 Views 0 comment Print

Rakesh Dhamir Vs Commissioner of Customs (CESTAT Delhi) Learned Commissioner (Appeals) recording the finding that the appellant had evidently involved himself in the illegal export of non-basmati rice and have also admitted his role in so many words in his various statement recorded, and also have explained the details of modes operandi. Accordingly, the appeal […]

HC quashes Section 148 notice for failure to record reason for issue of notice

April 10, 2022 1506 Views 0 comment Print

Hariom Ingots and Power Pvt. Ltd. Vs PCIT (Chhattisgarh High Court) Perusal of aforementioned provisions under Section 56 of the I.T. Act would reflect that Section 56 mentions about the income from other sources. Section 56(vii) talks about the income received by an individual or a Hindu undivided family in any previous year. Petitioner is […]

Additional Director General, DRI did not have jurisdiction to issue show cause notice

April 10, 2022 2367 Views 0 comment Print

Ashok Singhla Vs Principal Commissioner of Customs (CESTAT Delhi) The first issue that arises for consideration is whether the Additional Director General, DRI had the jurisdiction to issue the notice. This precise issue was examined by the Supreme Court in Canon India. The Supreme Court observed that the nature of the power to recover the […]

Assessment order not become invalid merely for being in name of non-existent amalgamated company valid: SC

April 10, 2022 2034 Views 0 comment Print

Court notes and holds that whether corporate death of an entity upon amalgamation per se invalidates an assessment order ordinarily cannot be determined on a bare application of Section 481 of the Companies Act, 1956 (and its equivalent in the 2013 Act), but would depend on the terms of the amalgamation and the facts of each case.

Jurisdiction of High Court in case of international commercial arbitral award -If Property is Situated in India

April 10, 2022 1914 Views 0 comment Print

CTI Future Corporation Vs Ducgiang Chemical And Detergent Powder Joint Stock Company (Karnataka High Court) The arbitral award being an international commercial arbitral award is not in dispute, the award being rendered in Singapore is not in dispute, the enforceability of the said award in India is not in dispute in view of the notification […]

Depreciation on non compete fee not allowable: ITAT Delhi

April 10, 2022 1164 Views 0 comment Print

Sagar Ratna Restaurants Pvt. Ltd. Vs ACIT (ITAT Delhi) It is evident, by virtue of an agreement entered in June 2011, assessee acquired a restaurant in the name and style of Sagar Ratna. As per the terms of the agreement, the transferor had transferred all its rights, copyrights, trademarks etc. in respect of the restaurant […]

HC issues guidelines to curb the practice of fraud on the Court

April 10, 2022 1812 Views 0 comment Print

Nanjappa Vs State By Chikkajala Police Station (Karnataka High Court) (ii) The following guidelines are given to the registry and also to the District Courts all over the State to evolve mechanism with modern technology to curb the practice of fraud on the Court and verify every application for being filed for regular or anticipatory […]

Jurisdiction of AO not changes on mere surrendering of Section 12A registration (Young Indian Case)

April 10, 2022 2082 Views 0 comment Print

Merely because the assessee had filed a letter on 21.03.2016 surrendering its registration u/s 12A or giving its benefit of section 11, does not mean that from the date of the letter, the jurisdiction of the AO automatically got changed.

PAN & Aadhaar – FAQs related to Income Tax

April 10, 2022 1866 Views 0 comment Print

Q. 1 I have Enroled for Aadhaar number but I am yet to receive the Aadhaar number, Can I still file my Income tax return? Ans. Yes, you can quote the EID number mentioned on Acknowledgement/ EID slip provided by the enrolment centre at the time of enrolment while filing the Income Tax return. Q.2 […]

Panama Papers: Addition merely based on FT&TR Division information not sustainable

April 10, 2022 2112 Views 0 comment Print

DCIT Vs Satya Prakash Gupta (ITAT Delhi) We have heard the rival submissions, perused the relevant findings given in the impugned orders as well as material referred to before us during the course of hearing. We have already discussed the facts and material herein above, however in a succinct manner the facts and issues relevant for […]

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