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While interpreting machinery provisions of a taxing statute court should give effect to its manifest purpose: SC

October 16, 2022 3720 Views 0 comment Print

CIT Vs Calcutta Knitwears (Supreme Court of India) In taxing statutes, even if the literal interpretation results in hardship or inconvenience, it has to be followed (G.P. Singh’s Principles of Statutory Interpretations, 12th Ed, 2010, Lexis Nexis Butterworths Wadhwa Nagpur; Bennion on Statutory Interpretation, 5th Ed., Lexis Nexis, p. 863; Vepa P. Sara thi, Interpretation […]

Allowability of PF/ EPF/GPF paid after due date under respective Act but before ITR filing

October 16, 2022 4248 Views 1 comment Print

CIT Vs State Bank of Bikaner (Rajasthan High Court) On perusal of Sec.36(1)(va) and Sec.43(B)(b) and analyzing the judgements rendered, in our view as well, it is clear that the legislature brought in the statute Section 43(B)(b) to curb the of such tax payers who did not discharge their statutory liability of payment of dues, as […]

Taxing statute is to be construed strictly: Supreme Court

October 16, 2022 4809 Views 0 comment Print

It is trite law that a taxing statute is to be construed strictly. In a taxing Act one has to look merely at what is said in the relevant provision. There is no presumption as to a tax. Nothing is to be read in, nothing is to be implied.

PF/ESI fund paid after due date under PF Act but before Section 139(1) due date allowable

October 16, 2022 2877 Views 0 comment Print

Essae Teraoka Pvt. Ltd. Vs DCIT (Karnataka High Court) In the present case, admittedly, though the employer did not deposit the contribution, within the stipulated time, as contemplated by paragraph-3O of the PF Scheme or before the due date under the provisions of the PF scheme/Act, he deposited the contribution to the PF/ESI fund before […]

Employees’ contribution to EPF allowable, if paid before due date of return

October 16, 2022 1407 Views 0 comment Print

CIT, Udaipur Vs Udaipur Dugdh Utpadak Sahakari Sangh Limited (Rajasthan High Court) While completing the assessment under Section 143(3) of the Income Tax Act, 1961  the Assessing Officer (AO) noticed that the assessee had deposited payment of Rs.14,60,412/- in the PF fund and Rs.973/- in the ESI fund with delay that is the said payments […]

FAQs for Registration under CB Profile on CBLMS

October 16, 2022 5463 Views 0 comment Print

Discover how CBLMS revolutionizes Customs Brokers licensing processes. Streamline your operations with end-to-end IT integration and smart automation.

CAAR Ruling on classification of Zebra Technologies portable computers.

October 16, 2022 795 Views 0 comment Print

The applicant stated that each type of portable computer is available with SIM and without SIM connectivity. Communication functions, if any, are generally performed by these portable computers using Wi-Fi or wireless connectivity.

Classification of viewsonic creative touch interactive flat panels

October 16, 2022 1164 Views 0 comment Print

In re Audio Distribution House Pvt. Ltd. (CAAR Mumbai) The digital data processing (ADP) machines have storage capability and also stored programs which can be changed as per requirement of performance of tasks. Digital machines process data in coded form. A code consists of a finite set of characters (binary code, standard six-bit ISO code, […]

CAAR closes application for non-removal of deficiencies by applicant

October 16, 2022 339 Views 0 comment Print

In re Ballians Agro Food Processing Pvt. Ltd (CAAR Delhi) As per regulation 8(6) of CAAR Regulation, 2021 issued vide Notification No. 01/2021-Customs (N.T) dated 04.01.2021 ‘in case the defect or deficiency is not removed or made good within the time granted under sub-rule (3), the application shall be placed before the Authority Pr appropriate […]

Section 69 addition by AO – ITAT upheld relief given by CIT(A)

October 16, 2022 831 Views 0 comment Print

Dive into Anuradha Pandey’s case vs. ITO (ITAT Varanasi). ITAT’s scrutiny on investment source from closing stock and debtors. Analysis of the disputed addition and its resolution

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