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

November 17, 2022 2469 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 1029 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 8424 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’

Additional evidences having crucial bearing should not be rejected on technicalities

November 17, 2022 714 Views 0 comment Print

Karam Singh Vs ITO (ITAT Delhi) Assessing Officer made the addition alleging that the assessee did not furnish the required information to prove the loan transaction. However, it is observed, before the first appellate authority, the assessee produced additional evidences, such as, the bank statements of lenders, copy of Income Tax Return etc. to prove […]

What is scrap for one person could be a useful product for another – TCS not deductible

November 17, 2022 921 Views 0 comment Print

In case of the assessee itself if we take the presumption that what the assessee has purchased from RSP is only scrap then he would be selling the same to some other steel manufacturing plant. However, the sales are retail sales. This itself shows that what has been sold by the assessee is not scrap but usable products.

Assessment order void if notice was not served on relevant address

November 17, 2022 3486 Views 0 comment Print

The entire assessment was itself erroneous and bad in law due to non-service of notice to the relevant address of the assessee. The ld. Counsel had not pressed the factual aspect of the assessee. We considered only the legal issue. Accordingly, the assessment order itself is void and liable to be quashed.

Appeal cannot be dismissed for mere withdrawal of SVLDRS Application

November 17, 2022 1242 Views 0 comment Print

Icon Industries Vs Commissioner, CGST (CESTAT Delhi) Sabka Vishwas (Legacy Dispute Resolution) Scheme (SVLDRS) was introduced by way of Finance (No. 2) Act, 2019 by the Central Government. The main objective of the scheme is to provide for the settlement of pending disputes related to indirect taxes. The Appellant although applied under the said scheme […]

If appeal is pending before CIT (A), exercise of section 263 jurisdiction by PCIT would be barred

November 17, 2022 5568 Views 0 comment Print

It is well-settled law that once the proceedings are before Ld. CIT(Appeals) in respect of certain issues, then the same issue again cannot be re-agitated by taking recourse to proceedings under section 263 of the Act as held in the case of CIT v. Vam Resorts and Hotels Private Limited 418 ITR 723 (Allahabad)

Partners not liable to pay tax on remuneration on which tax already paid by firm

November 17, 2022 4461 Views 0 comment Print

The general prudence of the law is that the same income cannot be taxed twice. On other hand, the partners are not liable to pay tax on the remuneration which was already paid by the firm in its return of income.

Timeline for declaration of First Close of schemes of AIFs

November 17, 2022 5007 Views 0 comment Print

SEBI Guidelines for AIFs for declaration of first close, calculation of tenure and change of sponsor/manager or change in control of sponsor/manager

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