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Developer of infrastructural facility eligible for Section 80IA(4) deduction

March 10, 2021 2055 Views 0 comment Print

ACIT Vs Simplex Infrastructures Ltd. (ITAT Kolkata) In the instant case, as will be evident from the perusal of the agreements, as enclosed in the Paper book and relevant portions of which are discussed as above, all the agreements under consideration are not for a specific work, they are for development of facility as a […]

Excise dues of Husband cannot be recovered from Wife’s Property

March 9, 2021 9864 Views 0 comment Print

Meena Krishna Agarwal Vs Commissioner of Central Excise & ST, Vadodara (CESTAT Ahmedabad) The issue involved in the present appeal is whether the flats belonging to the appellant which she purchased under Registered Sale deeds dated 31.03.2008 out of monies received as gifts from her mother-in-law and father-in-law, can be proceeded against by the Excise […]

15% contribution to SPV account in respect of category B mines eligible for deduction

March 9, 2021 1611 Views 0 comment Print

Muneer Enterprises Vs ACIT (ITAT Bangalore) The Assessee is a partnership firm engaged in the business of extraction, processing and manufacturing of iron ore for sale. The assessee owns mining lease No. 2339/2151 measuring 36.42 ha classified under category B. It has been stated that the only issue that arises out of the impugned order […]

Bail cannot be refused merely on the ground of socio economic offence leading to loss to exchequer

March 9, 2021 2874 Views 0 comment Print

Praveen Jain Vs DGGI (Patiala House Court)  FULL TEXT OF THE JUDGMENT/ORDER OF PATIALA HOUSE COURT This is the second bail application moved on behalf of accused. The accused has been transited from the court of Ld. SCJM, Rohtak and all firms /companies involved in the present case are registered in Delhi. It is submitted that as […]

Peak Credit Theory must be considered while treating Cash Deposit as Unexplained Cash Credits

March 9, 2021 4071 Views 0 comment Print

Prakash Babu Nakundhi Krishna Reddy Vs ACIT (ITAT Bangalore) It was pointed out by the learned counsel for the Assessee that there are withdrawals and deposits in the cash book and the source of deposits can be explained by the Assessee with supporting evidence. It was submitted that it is an accepted rule that a […]

Section 35(2AB) not provides for cut off date for eligibility

March 9, 2021 2619 Views 0 comment Print

Shilpa Medicare Ltd. Vs ACIT (ITAT Bangalore) Provisions of Sec. 35(2AB) of Income Tax Act, nowhere suggest simply that R& D facility is approved from particular date and in other words, it is no where suggested that date of approval only will be cut off date for eligibility. The court further held that once facility […]

Doctor not liable to personally monitor administration of injection by a trained nurse

March 9, 2021 1146 Views 0 comment Print

Bhushan s/o Brijmohan Katta Vs State Of Maharashtra (Bombay High Court -Nagpur Bench) All that is alleged in the present case is that though the petitioner was on duty, he was not physically present in the NICU at the fateful moment. No material has been placed before us that whenever an injection has to be […]

Builder/developer not allowed to deduct ‘actual land-value’ from ‘transaction-value’

March 8, 2021 2814 Views 0 comment Print

In re Karma Buildcon (GST AAAR Gujarat) In para 2 of Not No. 11/2017-CT (Rate), as amended vide Not. No. 01/2018-CT (Rate), there is deemed provisions that the value of transfer of land or undivided share of land, as the case may be, and the value of such transfer of land or undivided share of […]

No GST on amount recovered from employee for 3rd party canteen services

March 8, 2021 1926 Views 0 comment Print

In re Amneal Pharmaceuticals Pvt. Ltd. (GST AAAR Gujarat) We observe that the GAAR has ruled that the Goods and Services Tax is applicable on the amount recovered from employees, mainly on the premises that ‘the appellant is supplying food to its employees’, which would be covered under the definition of the term ‘business’ under […]

Sunset review investigation concerning imports of 2-Ethyl Hexanol

March 8, 2021 1290 Views 0 comment Print

Case No. AD-SSR-12/2020 Sunset review investigation concerning imports of 2-Ethyl Hexanol Originating in or exported from European Union, Indonesia, Korea RP, Malaysia, Taiwan and United States of America.

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