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CIT(A) while deciding appeal is required to pass order on points of determination with reasons

November 17, 2022 3873 Views 0 comment Print

Section 250(6) of the Act mandates that the Ld. CIT(A) while deciding the appeal is required to pass order on points of determination (grounds of appeals), decision therein on and reasons for such decision.

Pre-Shipment Inspection Certificate is to be furnished at the Time of Clearance of Goods by Importer

November 17, 2022 834 Views 0 comment Print

Caravel Logistics Private Limited Vs Commissioner of Customs (CESTAT Chennai) Handbook of Procedures issued by the Directorate General of Foreign Trade (DGFT) dated 08.04.2005 (2004-09) requires, at paragraph 2.32, in the case of import in the form of metallic waste, scrap, etc., referred to therein, the furnishing of pre-shipment inspection certificate at the time of […]

Customs: Confiscation of goods & penalty not valid if based on mere Adduced statement

November 17, 2022 771 Views 0 comment Print

In this case findings of the Adjudicating Authority, clearly exonerates this appellant from the penal action under Section 114AA of the Customs Act, 1962, for the reason that there was no material on record to prove that the appellant had submitted the fake gate pass.

ITAT allows Benefit to assessee for availing section 44AD for non-maintaining books of account

November 17, 2022 4281 Views 0 comment Print

Sarabjeet Singh Vs ITO (ITAT Amritsar) The brief fact of the case that the assessee is a trader &filed his return u/s 139(1) by taking the benefit of presumptive scheme u/s 44AD of the Act. During the F.Y. 2010-11 related A.Y. 2011-12 the turnover was 15,50,000/- & declared total income of Rs.1,40,880/-. The notice u/s […]

Section 194A TDS not deductible on Factoring Charges

November 17, 2022 3372 Views 0 comment Print

DCIT Vs 3i Infotech Consultancy Services Limited (ITAT Mumbai) ITAT held that factoring charges incurred by the assessee company is not in the nature of interest and that the assessee was not under the obligation to deduct TDS as per the provisions of section 40(a)(ia) of the I.T. Act. For this, we would like to […]

Section 271(1)(c) penalty cannot be levied on Income Tax Additions on Ad-Hoc Basis

November 17, 2022 2541 Views 0 comment Print

Additions made on ad-hoc basis on estimation does not attract penalty under section 271(1)(c) of the Act as there is no conclusive proof of concealment of income or furnishing of inaccurate particulars of income.

No addition for Cash Deposited during Demonetization Period if not exceed Threshold Limit

November 17, 2022 3954 Views 0 comment Print

ITAT Delhi rules in favor of Amar Singh. Deletion of Rs. 2,23,000 addition under Section 69A. CBDT Instruction applied for demonetization period cash deposits.

Subsidiary & its parent company located in different taxable territories are distinct entities

November 17, 2022 1806 Views 0 comment Print

Service provided by a company in India to its Hundred percent holding company abroad cannot be considered as an establishment of a distinct person and therefore such services would be export of services.

Merely filing of VAT returns cannot be held to establish genuineness of transaction

November 17, 2022 822 Views 0 comment Print

Mahalaxmi Dye India Pvt. Ltd Vs ACIT (Delhi High Court) A perusal of the paper book reveals that during the investigation it has been found that M/s Seema Enterprises is not involved in any real business and hence the contention of the learned counsel for the petitioner that it made payments in the course of […]

Corpus donations received by unregistered Trusts are not taxable

November 17, 2022 6747 Views 0 comment Print

ITAT held that Corpus donations received by Trusts, which is not registered u/s.12A/12AA of Income Tax Act, are not taxable as they assume the nature of ‘Capital receipt’ the moment donations are given to ‘Corpus of Trust’

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