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CIT cannot invoke section 263 if there was lack of inquiry from the end of AO

January 11, 2022 3447 Views 0 comment Print

Pushp Steel and Mining Private Ltd. Vs PCIT (ITAT Delhi) The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has held that the revisionary jurisdiction under section 263 of the Income Tax Act, 1961 can be exercised in a very gross case of inadequacy in inquiry by Assessing Officer subject to the pre-requirements provided […]

RPM method used by Taxpayer cannot be rejected without pointing defect in the same

January 11, 2022 3420 Views 0 comment Print

Randox Laboratories India Private Limited Vs ACIT (ITAT Bangalore)  The facts on record reveal that the Transfer Pricing Officer under a misconception that the assessee has undertaken manufacturing activity has rejected RPM. Learned DRP has also not examined the facts in proper perspective. Rather, learned DRP has recorded an erroneous finding by stating that in […]

Order denying DTAA benefit must contain reasoning or discussion for such denial

January 11, 2022 1635 Views 0 comment Print

Coursera Inc Vs ITO (Delhi High Court) The Petitioner in its application for certificate under section 197 dated 23.09.2021 describes itself as an e-platform operator. In the later part of the same application the petitioner claims itself to be a university for the purposes of article 12(5)(c) of the DTAA between India and United States […]

Amendment in Export Policy of Enoxaparin/IVIG (formulation & API)

January 10, 2022 1473 Views 0 comment Print

The export of Enoxaparin (Formulation and API) and Intra-Venous Immunoglobulin (IVIG) (Formulation and API) falling under the ITC (HS) Codes specified above or falling under any other HS Code has been put under restricted category, with immediate effect.

Introduction & implementation of E-voting in ensuing 5 State Assembly Polls

January 10, 2022 819 Views 0 comment Print

We crave leave to convey our deep gratitude and thanks to the Commission for carving out a well prepared Election schedule for the ensuing polls for five State Assemblies. It is gratifying to note that the Commission has taken an on ground assessment of the current situation of covid in poll bound States and being satisfied that elections shall not be an instrument for further escalation of covid in these States, the commission has announced the election schedule.

State Govt & Autonomous Board/Body cannot be put on par for service benefits: SC

January 10, 2022 5088 Views 0 comment Print

State of Maharashtra Vs Bhagwan (Supreme Court of India) In the present case, WALMI being an autonomous body, registered under the Societies Registration Act, the employees of WALMI are governed by their own Service Rules and conditions, which specifically do not provide for any pensionary benefits; the Governing Council of WALMI has adopted the Maharashtra […]

Levy of basic excise duty & NCCD not violative of Article 14 of Constitution

January 10, 2022 2094 Views 0 comment Print

V.S. Products Vs Union of India (Karnataka High Court) Legality of levy of NCCD as per Section 136 of the Finance Act, 2001 As per Section 136 of the Finance Act, a surcharge by way of duty of excise at the rates specified in the schedule is levied. By virtue of the amendment of the […]

Dishonor of Cheque for Incomplete/Wrong Signature/Stop Payment Instruction is offence

January 10, 2022 17892 Views 0 comment Print

Parvaiz Ahmad Bhat Vs Fida Mohamamd Ayoub (Jammu and Kashmir High Court) The question whether stop payment instructions, which result in dishonor of a cheque, would amount to an offence under Section 138 of the NIA Act, was considered by the Supreme Court in M. M. T. C. Ltd. Vs. M/S Medchl Chemicals, (2001) 1 […]

GST Newsletter for December 2021

January 8, 2022 2688 Views 0 comment Print

The GST Council has recommended to defer the decision to change the rates in textiles which were recommended in the 45 GST Council meeting. Consequently, the existing GST rates in textile sector would continue beyond 1st January, 2022.

BJP Rajasthan requested for extension of Tax Audit Report due date

January 8, 2022 11070 Views 1 comment Print

Rajasthan BJP Economic Cell has made a request for extension of due date of furnishing of Report of Audit under provision of the Income-tax Act, 1961 for the A. Y. 2021-22.  Full text of their representation is as follows:- Bharatiya Janata Party, Rajasthan Shri J.B. Mohapatra, Chairman – Central Board of Direct Taxes, Ministry of […]

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