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Interest free loan cannot be treated as financial debut without evidence that loan was disbursed for time value of money

March 15, 2021 3294 Views 0 comment Print

Orator Marketing Pvt. Ltd. Vs Samtex Desinz Pvt. Ltd. (NCLAT Delhi)  Synopsis states and it is argued that it being related party transaction, the money was to be utilized by the Respondent for day to day activities and to develop business, and that same was consideration of time value of money. We are unable to […]

Tax on donation received by private discretionary trust from group companies 

March 14, 2021 3540 Views 0 comment Print

CIT Vs Shriram Ownership Trust (Madras High Court) As per the Deed of Trust and the Supplemental Deed, the trust is created to benefit the members of owner group and the senior leader group of Shriram Group who are identified as beneficiaries as per the scheme laid out in the Trust Deed. The method of […]

GST Registration of Normal Taxpayer (FORM GST REG-01)

March 13, 2021 109197 Views 0 comment Print

Manual > Registration Application > Normal Taxpayer/ Composition/ Casual Taxable Person/ Input Service Distributor (ISD)/ SEZ Developer/ SEZ Unit I am a Normal Taxpayer/ Composition/ Casual Taxable Person/ Input Service Distributor (ISD) / SEZ Developer/ SEZ Unit. How can I register with GST? The Registration Application for Normal Taxpayer/ Composition/ Casual Taxable Person/ Input Service […]

Section 68 addition justified for Bogus Unexplained Creditors

March 10, 2021 6678 Views 0 comment Print

Malay Prasad Vs ACIT (ITAT Allahabad) As could be seen from provisions of Section 68 of the 1961 Act that if any sum is found credited in the books of accounts maintained for any previous year , and the assessee offers no explanation about the nature and source thereof or the explanation offered by the […]

No section 271D penalty if reasonable cause exist & AO fails to Record satisfaction

March 10, 2021 1815 Views 0 comment Print

Sarita Singh Vs Addl. CIT (ITAT Delhi) Section 273B of the I.T. Act provides that no penalty shall be imposable on the persons or the assessee as the case may be for any failure referred to in section 271D of the I.T. Act, if he proves that there was a reasonable cause for the said […]

RBI is ‘State’ under Article 12 of Indian Constitution: Calcutta HC

March 10, 2021 3921 Views 0 comment Print

Pearson Drums & Barrels Pvt. Ltd. Vs The General Manager, Consumer Education & Protection Cell of Reserve Bank of India and others (Calcutta High Court)  Upon considering the submissions of the parties, it is evident that the petitioner has not only claimed refund of full processing fees from respondent no.4, a private bank, but has […]

In absence of a valid section 143(2) notice scrutiny assessment cannot be framed

March 10, 2021 5703 Views 0 comment Print

Supreme Court has held that issue of a legally valid notice u/s. 143(2) is mandatory for usurping jurisdiction to frame scrutiny assessment u/s. 143(3) of the Act and in the absence of a valid notice u/s 143(2) the scrutiny assessment u/s 143(3) cannot be framed and omission to issue notice u/s 143(2) of the Act is not a curable defect.

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

March 10, 2021 2082 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 9888 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 1659 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 […]

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