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Disclosure before criminal investigation wing cannot be treated as disclosure’ before assessing officer in assessment

October 26, 2022 876 Views 0 comment Print

RKR. Gold P. Ltd Vs ACIT (Madras High Court) The criminal investigation wing is separate and distinct from the assessment wing and disclosure made before one wing will not exonerate the petitioner from the requirement of making a ‘full and true disclosure’ before the assessing officer in assessment. In fact, the apparent difference in the […]

No penalty for mere mentioning of wrong section if case not falls under Section 114(i) of Customs Act: SC

October 26, 2022 711 Views 0 comment Print

It is the case on behalf of the Revenue that it was a case of wrong mentioning of the Section and the case would fall under Section 114(i) of the Customs Act. It is pointed out that, in the show cause notice, there was a reference to Section 114(i) or 114(iii) of the Customs Act. It is submitted that therefore on mere wrong mentioning of Section, the levy of penalty shall not fail.

Adjoining residential houses constitutes a single unit for section 54/54F

October 26, 2022 1917 Views 0 comment Print

Surinder Kumar Malhotra Vs ITO (ITAT Chandigarh) The relevant facts of the case are that qua the Long Term Capital Gain available to the assessee in the year under consideration deduction u/s 54 of the Act was claimed. The said claim was disallowed holding that the proceeds have been applied to acquiring two separate properties. […]

IRDAI permits Repatriation of excess Assigned Capital by FRBs/Lloyd’s India

October 26, 2022 807 Views 0 comment Print

The request to repatriate the assigned capital shall be submitted by the Foreign Reinsurer, who is engaged in reinsurance business through a branch established in India, justifying the reasons for such request;

GST Provisions of Provincial Statute cannot override provisions of Central Statue

October 26, 2022 1620 Views 0 comment Print

Godrej And Boyce Manufacturing Co. Ltd Vs State of U.P (Allahabad High Court) 1. In all these writ petitions seizure orders and notices issued under sections 129 (1) and (3), respectively, by various authorities, mainly on the ground that E-Way Bill-01 under U.P. Goods and Service Tax Act 2017 (hereinafter referred to as U.P.G.S.T ACT) […]

Section 263 order without appreciating facts in true perspective is not sustainable

October 25, 2022 705 Views 0 comment Print

R.P. Polypacks Pvt. Limited Vs DCIT (ITAT Kolkata) In brief, the issue according to the ld. Commissioner is that the assessee had made provision of Excise Duty, which was not an allowable expenditure and ld. Assessing Officer has erred in accepting this claim of the assessee in an assessment order passed under section 143(3) of […]

CESTAT must check That Notice Was Properly Served before Passing Order

October 25, 2022 1086 Views 0 comment Print

Dipali Electronics Pvt. Ltd Vs Union of India (Bombay High Court) In our view, when Petitioner has been accused of having played role in the procurement of electronic systems and parts for manufacture of automated teller machines and Petitioner has been imposed penalty of Rs.Seventy Five Lakhs under Section 112 of the Customs Act, 1962 […]

Clarification regarding Dearness Relief payable on Original Basic Pension

October 25, 2022 915 Views 0 comment Print

It is clarified that dearness relief is payable on the original basic pension before commutation or such basic pension before commutation as revised on implementation of recommendations of Pay Commission etc. and not on the pension as reduced after deduction of commuted pension.

Deduction of commuted pension from pension revised in implementation of recommendations of Pay Commission

October 25, 2022 1401 Views 0 comment Print

What amount shall be deducted from pension in cases where the pension is subsequently revised on implementation of recommendations of Pay Commission, etc.

Emoluments for determining mandatory contributions under NPS

October 25, 2022 801 Views 0 comment Print

No. – 57/03/2022-P&PW(B)/8361 Government of India Ministry of Personnel, Public Grievances and Pensions Department of Pension and Pensioners’ Welfare *** 3rd Floor, Lok Nayak Bhavan, Khan Market, New Delhi, Dated the 25th October, 2022 OFFICE MEMORANDUM Subject: Emoluments for determining mandatory contributions under National Pension System in respect to Central Government employees covered under NPS. […]

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