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No penalty for deduction of TDS at Lower Rate under wrong section

October 15, 2020 5775 Views 0 comment Print

Jitendra Sharma Vs JCIT (Intl Taxation) (ITAT Indore) ITAT Indore held that no penalty under Section 271C to be levied for deduction of tax under Section 194IA @1% instead of Section 195 @ 20.6% on purchase of property from Non Resident. FULL TEXT OF THE ITAT JUDGEMENT The above captioned appeals filed at the instances […]

SEBI Caution Investors against unsolicited investment tips

October 14, 2020 570 Views 0 comment Print

It has come to the notice of SEBI that unsolicited messages containing stock tips/ investment advice with respect to listed companies are increasingly being circulated through bulk SMS, websites and social media platforms like WhatsApp, Telegram,etc.

Provision for Sales return not allowable as deduction under section 37

October 14, 2020 8826 Views 0 comment Print

Nike India Pvt Ltd vs DCIT (ITAT Bangalore) The AO noticed that the assessee has claimed deduction for ‘Provision for sales returns’. When enquired, the assessee submitted that it creates a provision for anticipated sales returns based on a percentage of the sales made each month. It was further submitted that the provision is created […]

ITAT upheld TP adjustment for outstanding debtors beyond agreed period

October 14, 2020 1482 Views 0 comment Print

Bharti Airtel Services Ltd. Vs DCIT (ITAT Delhi) In the present case the service agreement clearly says that the amount of payment is to be made by the associated enterprises to the assessee within 15 days. Such payment was not made within that period but beyond that. The learned assessing officer held that the amount […]

Section 14A disallowance not sustainable if proper satisfaction not recorded

October 14, 2020 1086 Views 0 comment Print

Vinay Bhasin Vs ACIT (ITAT Delhi) Assessee made heavy investments for earning of exempt income and being a busy professional, he requires the management of such a portfolio by incurring expenses, diversion of man-power/staff for indulging in investment activities to various activities like visiting banks, use of vehicle and telephone, use of internet if portfolio […]

Guidelines on Standard Individual Term Life Insurance Product, ‘Saral Jeevan Bima’

October 14, 2020 675 Views 0 comment Print

Saral Jeevan Bima is a non-linked non-participating individual pure risk premium life insurance plan, which provides for payment of Sum Assured in lump sum to the nominee in case of the Life Assured’s unfortunate death during the policy term.

Tax rates specified in DTAA in respect of dividend must prevail over DDT

October 14, 2020 5403 Views 0 comment Print

Giesecke & Devrient [India] Pvt Ltd. Vs ACIT (ITAT Delhi) To recapitulate, the DDT is levy on the dividend distributed by the payer company, being an additional tax is covered by the definition of ‘Tax’ as defined u/s 2(43) of the Act which is covered by the charging section 4 of the Act and charging […]

AO cannot reject selection & valuation methods adopted by taxpayer

October 14, 2020 2952 Views 0 comment Print

GSE Commerce Private Ltd. Vs ACIT (ITAT Bangalore) The A.O. was of the view that the shares of the company have been over valued and accordingly asked the assessee to justify the valuation. After considering the explanations of the assessee, the A.O. took the view that the valuation report has been prepared on the basis […]

Interest for Delayed Service Tax refund – From the date of application or date of order?

October 13, 2020 3069 Views 0 comment Print

Scribetech India Healthcare Pvt Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) The Bangalore CESTAT ordered for the interest for a delayed refund on the expiry of period of three months from the date of receipt of application, following the decission Supreme Court in the case of Ranbaxy Laboratories Ltd. Section 56 of the CGST […]

P&H High Court granted partial relief for deposit of 25% as pre-deposit

October 13, 2020 2079 Views 0 comment Print

Technimont Pvt. Ltd. Vs State of Punjab (Punjab High Court) On perusal of terms and conditions of contract, documents submitted by petitioner including Form ‘C’ and judgments cited, we are of the opinion that petitioner has prime facie case on merits. The respondent issued Form ‘C’ for all the years in question and in case […]

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