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Not necessary to establish that debt become irrecoverable

October 9, 2020 1539 Views 0 comment Print

Joseph Davaraj Koilpillai Vs ITO (ITAT Bangalore) Deduction on account of bad debt as allowed u/s 36(1)(vii) read with section 36(2), after amendment by the Direct Tax Laws (Amendment) Act 1987, envisage merely wiring off the debt as irrecoverable in the accounts of the assessee as a condition for such an allowance. Before the amendment […]

Notification No. 53/2020-Customs (N.T./CAA/DRI) dated 09.10.2020

October 9, 2020 762 Views 0 comment Print

Notification No. 53/2020-Customs (N.T./CAA/DRI) dated 09.10.2020- Appointment of Common Adjudicating Authority by Pr. DGRI. Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Directorate of Revenue Intelligence Notification No. 53/2020-Customs (N.T./CAA/DRI) New Delhi, dated 09.10.2020 S.O. 3626(E). – In pursuance of notification No. 60/2015-Customs (N.T.), published vide number […]

ALP of higher AMP expenditure cannot be determined without first establishing that it is an international transaction

October 9, 2020 654 Views 0 comment Print

Approach of the learned transfer pricing officer of determining ALP of international transaction of incurring of higher AMP expenditure cannot be benchmarked either on Bright line test bases or on transactional net margin method unless first it is established that there existed an international transaction. Accordingly all the grounds of the appeal of the assessee relating to the transfer pricing adjustment are allowed.

Assessment Order u/s 143(3) Passed in Clear Breach of Mandatory Section 144C is Void ab Initio

October 9, 2020 6750 Views 0 comment Print

The issue under consideration is whether the assessment order u/s 143(3) made by the AO in clear breach of the mandatory provisions of Section 144C is merely erroneous or is void ab initio?

AO cannot take second view on same set of facts treating earlier view as erroneous

October 8, 2020 2304 Views 0 comment Print

Asian Satellite Broadcast Pvt. Ltd. Vs. ITO (Bombay High Court) From the reasons recorded, order rejecting objections of the petitioner and the reply affidavit of respondent No.1 in the present proceeding, it is clearly discernible that the basis for re-opening of assessment was the two letters of departmental authorities dated 29.02.2018 and 29.03.2018. Though petitioner […]

Guidelines on Inter Scheme Transfers of Securities

October 8, 2020 1569 Views 0 comment Print

Presently, transfers of securities from one scheme to another scheme in the same mutual fund is allowed only if such transfers are done at the prevailing market price for quoted instruments on spot basis and the securities so transferred are in conformity with the investment objective of the scheme to which such transfer has been made.

NAA drops penalty proceedings against Signature Builders

October 8, 2020 693 Views 0 comment Print

It is also revealed that vide Section 112 of the Finance Act, 2019 specific penalty provisions have been added for violation of the provisions of Section 171(1) of the CGST Act, 2017 which have come in to force w.e.f. 01.01.2020 vide Notification No. 01/2020 Central Tax dated 01.01.2020, by inserting Section 171 (3A) in the CGST Act, 2017.

No ITC on medicines used in supply of health care services to inpatients

October 8, 2020 10944 Views 0 comment Print

In re Ambara (GST AAR Karnataka) Q1. Whether input tax credit is required to be restricted on medicines supplied to patients admitted in hospital? A1. The input tax credit is required to be restricted on medicines used in the supply of health care services provided to inpatients. Q2. Whether input tax credit is required to […]

Notification No. 51/2020-Customs (N.T./CAA/DRI), Dated: 08.10.2020

October 8, 2020 1167 Views 0 comment Print

Notification No. 51/2020-Customs (N.T./CAA/DRI), Dated: 08.10.2020- Appointment of common adjudicating authority MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) (Directorate of Revenue Intelligence) New Delhi, the 8th October, 2020 NOTIFICATION NO. 51/2020-Customs (N.T./CAA/DRI) S.O. 3564(E).—In pursuance of notification No. 60/2015-Customs (N.T.), published vide number G.S.R. 453(E), dated 4th June 2015 […]

Once quantum addition deleted, penalty u/s. 271(1)(c) has no legs to stand

October 8, 2020 5121 Views 0 comment Print

ACIT Vs Thermax Limited (ITAT Pune) Revenue has not doubted the genuinity of the return filed by the assessee and has not said that the particular of expenses claimed in the return were not correct. The expenses were claimed and quantum additions have been upheld by the Tribunal. However, in the separate proceedings of penalty […]

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