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No section 68 addition for Loan Received and repaid vide cheque

October 5, 2022 6654 Views 0 comment Print

Manibhadra Securities Services P.Ltd Vs ITO (ITAT Ahmedabad) he assessee in the present case is a private limited company and engaged in the business of trading of Shares and Securities. The assessee in the year under consideration has received the Loan to the tune of Rs. 4,08,01,000/-from M/s Ken Securities Limited. The assessee has repay […]

Mere notice Issuance Not Attracts Doctrine of ‘Stare Decisis’

October 5, 2022 1071 Views 0 comment Print

Keshav Kanshkar A Class Electrical Contractor Vs Principal Secretary Department of Energy (Madhya Pradesh High Court) ‘Precedent’, refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar issues. ‘Precedent’, is incorporated into the doctrine of ‘stare decisis’, and requires courts to apply the law […]

No penalty on expenses disallowed on Notional/estimated basis

October 5, 2022 2814 Views 0 comment Print

Bhartiya City Developers Pvt. Ltd Vs Addl. CIT (ITAT Delhi) A conspectus of Explanation-1 to Section 271(1)(c) of the Act, makes it clear that the statute visualizes the assessment proceedings and penalty proceedings to be wholly distinct and independent of each other. While the Assessing Officer may be justified in making estimated disallowance in quantum […]

Issues related to Export Policy of Rice

October 4, 2022 1884 Views 0 comment Print

It is clarified in respect of normal rice that -Rice (5% and 25%) is already exempted as it is not broken rice but normal rice with permissible limits of broken rice as per standards. However, it will carry 20% duty as per notification

Legal Metrology (General) Amendment Rules, 2022

October 4, 2022 3579 Views 1 comment Print

(1) These rules may be called the Legal Metrology (General) Amendment Rules, 2022. (2) They shall come into force from the date of their publication in the Official Gazette.

RBI approves 42 reporting entities for Aadhaar authentication

October 4, 2022 1266 Views 0 comment Print

Reserve Bank of India approved 42 reporting entities for authentication under Aadhaar Act for section 11A of Money-laundering Act.

Cost of improvement not allowable if supporting bills, vouchers not submitted

October 4, 2022 6663 Views 0 comment Print

Late Smt. Bhanuben Dhanji Shah Vs DCIT (ITAT Mumbai) The brief facts of the case pertaining to the issue, as emanating from the record, are: During the course of assessment proceedings, the assessee was asked to submit proof with regard to cost of improvement claim of Rs.81,775, with supporting bills, date of incurring such expenditure, […]

Service tax cannot be levied in India when whole of service provided outside India

October 4, 2022 2664 Views 0 comment Print

In the present case, admittedly the whole of the service was provided outside India and received outside India, therefore, even in terms of the said rule, the service tax is not leviable on the Business Exhibition Service received by the appellant which was performed outside India hence not taxable in the hands of the appellant.

SC decision on classification of ‘relay’ not applicable to all goods: CBIC

October 3, 2022 3261 Views 0 comment Print

Implication of the judgement of the Hon’ble Apex Court in the case of M/s Westinghouse Saxby Farmer Ltd. Vs. Commissioner of Central Excise, Kolkata-Clarification

LTCG cannot be treated as turnover to deny benefit of Section 47(xiiib)

October 2, 2022 1782 Views 0 comment Print

ACIT Vs AVA landmark LLP (ITAT Delhi) The capital assets held by erstwhile company transferred to assessee as LLP were considered as transfer and the Assessing officer made addition of Rs.11,37,40,244/- to the return income on allegation of non-compliance of Section 47(xiiib) of the Act. However, the Ld. CIT(A) observed that there is no violation […]

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