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CENVAT credit eligible on Membership subscription charges for business promotion

April 12, 2021 906 Views 0 comment Print

Trimble Information Technologies India Pvt. Ltd. Vs Commissioner of G.S.T. and Central Excise (CESTAT Chennai) With regard to Membership Subscription, it is the case of the assessee that being part of a multi-national company, the appellant is required to subscribe to various business magazines and register as a member with various business associations for promoting […]

IFSCA (Market Infrastructure Institutions) Regulations, 2021

April 12, 2021 3441 Views 0 comment Print

1. (1) These regulations may be called the International Financial Services Centres Authority (Market Infrastructure Institutions) Regulations, 2021. (2) They shall come into force on the thirtieth day of its publication in the Official Gazette.

No Tax on Compensation for Acquisition of Agricultural Land by State Government

April 12, 2021 5205 Views 0 comment Print

Nariender Kumar Vs ITO (ITAT Delhi) It is pertinent to note that the assessee had received Rs. 1.42 crore on account of enhanced compensation of land acquisition, which included compensation of Rs. 56.90 lakhs and interest of Rs. 85.32 Lakhs. The Assessing Office had made addition of Rs. 42.66 Lakhs being 50% of interest of […]

Clandestine removal cannot be upheld merely based upon third party documents

April 12, 2021 1224 Views 0 comment Print

CESTAT Delhi sets aside demand based on third-party evidence. Adjudicating Authority warned on compliance. Read the full judgment details.

Reassessment proceedings after 4 Years invalid if reasons recorded not alleges failure on the part of Assessee

April 12, 2021 1905 Views 0 comment Print

Bharti Cellular Ltd. Vs DCIT (ITAT Delhi) It is trite that in order to reopen an assessment made under Section 143 (3) of the Act after the expiry of four years from the end of the relevant assessment year, the reasons recorded must allege that there was failure on the part of the assessee to […]

Weekly newsletter from Chairman, CBIC dated 12/04/2021

April 12, 2021 1137 Views 0 comment Print

There has been encouraging news from Kolkata on the trade facilitation front. On the 7th of April, our officers cleared the second riverine protocol route for exports from Bangladesh to India. A barge laden with 40,000 cartons of food products started its journey from Palash in Bangladesh and reached Kolkata in eight days after travelling around 710 Kms on the inland waterway.

Penalty not sustainable when Quantum Addition was set aside

April 11, 2021 4047 Views 0 comment Print

RBJ Infratech Pvt. Ltd. Vs ITO (ITAT Delhi) We are of the view that penalty U/s 271(1)(c) of I.T Act levied by AO has no legs to stand at present, when the corresponding additions made by the AO have already been deleted by ITAT vide its aforesaid order dated 22.12.2020 when the aforesaid quantum addition […]

Delayed self-assessment tax payment cannot be construed to be a tax arrear for VSV Scheme

April 11, 2021 1044 Views 0 comment Print

Macrotech Developers Limited Vs PCIT (Bombay High Court) In so far the prosecution against the petitioner is concerned, the same has been initiated under section 276-C(2) of the Act because of the delayed payment of the balance amount of the self-assessment tax. Such delayed payment cannot be construed to be a tax arrear within the […]

Suo-motto disallowance by Assessee cannot be disregarded by AO without recording his Satisfaction

April 11, 2021 1287 Views 0 comment Print

Greatship (India) Ltd. Vs DCIT (ITAT Mumbai) The assessee has further assailed the disallowance worked out by the A.O under Sec. 1 4A r.w Rule 8D, on the ground that there was no recording of an objective satisfaction by the A.O that the suo-motto disallowance offered by the assessee under Sec. 14A was not correct. […]

Paper Import: HC explains what Constitutes a stock lot

April 11, 2021 6171 Views 0 comment Print

Jayasakthi Papers Vs Commissioner of Customs (Madras High Court) The only question that arises for my consideration is whether the goods imported by the petitioner can be termed as a stock lot. This expression in normal parlance refers to those goods whose transaction value is less than the market value on account of their purchase […]

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