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Section 14A not apply if no exempt income was received or receivable during relevant previous year

October 25, 2022 1422 Views 0 comment Print

PCIT  Vs Delhi International Airport Pvt. Ltd. (Delhi High Court)  present case is covered by the Division Bench judgment in Cheminvest Ltd. vs. CIT, [2015] 61 com 118 (Delhi), wherein this Court has held that the expression ‘does not form part of the total income’ in Section 14A of the Act means that there should […]

CIT(A) considered issue not forming part of appeal – ITAT remit matter back to CIT(A)

October 25, 2022 765 Views 0 comment Print

ITAT Pune remands to CIT(A) for discrepancy issue in Sanjay Dayal vs ITO. Assessee’s appeal partly allowed for statistical purposes.

HC quashed GST Assessment carried out by Investigating Officer who also Carried Out Search

October 25, 2022 2343 Views 0 comment Print

Swastik Plastics Vs Commissioner of DGST (Delhi High Court) 1. This writ petition came up for hearing for the first time on 05.04.2022, when after hearing the counsel for the parties, we had inter alia recorded the following: “2. This writ petition is directed against the order dated 11.03.2022, passed by the Assistant Commissioner, Delhi […]

AO justified in treating capital Gain as Income from other sources as no information furnished by Assessee

October 25, 2022 864 Views 0 comment Print

Vishnunarayan R. Modani Vs CIT (A) (ITAT Mumbai) Assessee has not furnished any material to show that the share transactions entered by him are genuine transactions. Accordingly, I am of the view that the Assessing Officer was justified in treating the capital gain of Rs.136,812/- and Rs.150,575/- as income under the head ‘income from other […]

DGFT withdraws Public notice related to cashew nuts & its products

October 25, 2022 1620 Views 0 comment Print

DGFT Public Notice No. 6/2015-2020 dated 14.06.2021 is withdrawn. In pursuance of Gazette Notification No. S.O. 3515 (E) dated 29.07.2022 regarding addition of ‘cashew nuts and its products’ to the First Schedule to the APEDA Act, 1985 (2 of 1986), APEDA is designated as the agency authorized to issue RCMCs for Cashew Kernels, Cashewnut Shell […]

Handheld enterprise mobile computers classifiable under subheading 84713090

October 25, 2022 399 Views 0 comment Print

In re RET-Tech Private Limited (CAAR Mumbai) M/s. RET-Tech Private Limited (the applicant, in short) filed an application before the Customs Authority for Advance Ruling, Mumbai (CAAR, in short) seeking advance rulings on the classification of the devices namely handheld enterprise mobile computers, having the following models: – Table-1 SI.No. Model Product is with / […]

Nokia 7210 SAS products classifiable under subheading 85176290 as routers

October 25, 2022 717 Views 0 comment Print

In re Nokia Solutions and Networks India Private Limited (CAAR Mumbai) CAAR held that the Nokia 7210 SAS products are classifiable under subheading 85176290 as routers and are eligible to avail the benefit under Sr. No. 13N of Notification No. 24/2005-Customs, as amended. FULL TEXT OF THE ORDER OF CUSTOMS AUTHORITY OF ADVANCE RULING, MUMBAI […]

Intelligent flight batteries classifiable under subheading 85076000

October 25, 2022 1779 Views 0 comment Print

In re PN Trade and Services (CAAR Mumbai) An intelligent flight battery is a lithium-ion rechargeable and removable battery to power a drone. As per HSN explanatory notes to heading 8507, these batteries. also known as electric accumulators, are characterised by the fact that the electrochemical action is reversible so that the accumulator may be […]

In absence of test reports & details of composition of goods they cannot be treated as identical or similar

October 25, 2022 1113 Views 0 comment Print

In re BASF India Limited (CAAR Mumbai) The question raised in the applicant’s application for Advance Ruling was whether the said Vitamin Premixes were classifiable under Heading 23.09 or under Heading 29.36. The said question raised in the applicant’s application is the same as in number of matters decided by the Appellate Tribunal and Courts, […]

No section 14A disallowance for Taxable dividend

October 24, 2022 2241 Views 0 comment Print

PCIT Vs IFFCO LTD (Delhi High Court) In view of Section 14A(1), no deduction is to be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under the As per Section 2(45) of the Act, ‘total income’ means the total amount of […]

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