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Determine existence of international transaction between Assessee & its AE involving AMP expenses: HC to TPO

December 10, 2020 750 Views 0 comment Print

PCIT Vs Yum Restaurants India Pvt. Ltd (Delhi High Court) The Court sets aside the impugned order and the corresponding orders of the AO/TPO and the DRP as regards the issue of AMP expenses and remands the issue concerning the determination of the existence of an international transaction between the Assessee and its AE involving […]

HC directs Custom authorities to release Vessel MT Global on Furnishing of Bond & Deposit

December 10, 2020 2037 Views 1 comment Print

Global Ace Shipping Lines Inc. Vs Office of The Principal Commissioner of Customs (Import-I) and Another (Bombay High Court) If a conveyance is used as a means of transport in the smuggling of any goods, it shall be liable to be confiscated. However, it will not be confiscated if the owner proves that it was […]

Share Transfer by assessee to its wholly owned subsidiary cannot be considered as a Gift

December 10, 2020 3540 Views 0 comment Print

PCIT Vs Redington (India) Limited (Madras High Court) These appeals have been filed by the Revenue under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) challenging the common order dated 07.07.2014 passed by the Income Tax Appellate Tribunal ‘D’ Bench, Chennai (for brevity “the Tribunal”) in I.T.A.No.513/Mds/2014 (filed by […]

Normal Depreciation allowable in computing real income under Section 11(1)(a)

December 10, 2020 681 Views 0 comment Print

Indian Institute of Engineering Technology Vs DCIT (Madras High Court) With regard to disallowance of depreciation, it is not disputed by the learned Senior Standing Counsel for the Revenue that the issue is clearly covered in favour of the assessee by the decision of the Hon’ble Supreme Court in the case of CIT Vs. Rajasthan […]

Interest on FDRs taxable as Income from Other Sources unless Assessee proves business nexus

December 9, 2020 1158 Views 0 comment Print

Quippo Telecom Infrastructure Pvt. Ltd Vs ACIT (ITAT Delhi) Ground number five of the appeal of treating the interest income from fixed deposit receipts of Rs. 2982000/- as income from other sources, we also do not find any infirmity in the order of the lower authorities as assessee has merely placed fixed deposits with the […]

AO not recorded satisfaction- Section 14A disallowance invalid

December 9, 2020 1005 Views 0 comment Print

Where AO did not record any satisfaction with regard to genuineness of the claim of the assessee before invoking the powers under section 14A read with rule 8D, disallowance was invalid because recording of satisfaction by AO is sine qua non for invocation of power under section 14A read with rule 8D

Profiteering Allegation against ‘Signature Global’ not established: NAA

December 9, 2020 1827 Views 0 comment Print

Devroop Guha Vs Signature Global (India) Pvt. Ltd. (NAA) Perusal of the record reveals that the Respondent had got Affordable Housing ‘The Millenia 37D’ project approved under the Haryana Affordable Housing Policy and allotted flats to the successful buyers on 27.10.2017 through draw of lots He invited applications for allotment of houses via advertisement in […]

ITAT deletes addition for amount received from Mauritius entity towards issue of Shares

December 9, 2020 1158 Views 0 comment Print

Usekiwi Infolabs Private Limited Vs ITO (ITAT Delhi) The facts clearly shows that assessee has got an investment from Kstart LLC, Mauritius as a contribution towards issue of 20,000 compulsorily convertible preference shares having face value of ₹ 10 each at a premium of ₹ 827.50 per share. For this proposition the bank account of […]

DGAP to reinvestigate alleged profiteering by Dra Aadithya Projects Pvt. Ltd.

December 9, 2020 432 Views 0 comment Print

Hussain Shoaib Kothalia Vs Dra Aadithya Projects Pvt. Ltd. (NAA) 1. The present Report dated 26.03.2020 has been received from the Applicant No. 3 i.e. the Director General of Anti-Profiteering (DGAP) after detailed investigation under Rule 129 (6) of the Central Goods & Service Tax (CGST) Rules, 2017. The brief facts of the case are […]

Faulty decision-making process adopted while passing impugned order cannot be sustained

December 9, 2020 879 Views 0 comment Print

Tvl. Bmw India Private Limited Vs Deputy Commissioner (CT) (Madras High Court) High Court held that the faulty decision-making process adopted while passing the impugned order cannot be sustained. Learned Government Advocate appearing for the Respondents, on instructions, states that the enquiry for personal hearing would be held on 21.12.2020 and the Petitioner may appear […]

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