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DSIR statutorily bound to issue Form 3CL within 120 days: HC

August 13, 2022 6558 Views 0 comment Print

SRF Ltd Vs Union of India (Delhi High Court) Section 35(2AB) of the Act provides for weighted deduction of one and one half times (150%) of the expenditure incurred by a company on scientific research on in-house R&D facilities approved by the prescribed authority i.e. DSIR. In support of his submission, he relies upon Rule […]

HC explains Arbitration Clause contained in an agreement with respect to composite transaction

August 13, 2022 864 Views 0 comment Print

Bestpay Solutions Private Limited Vs Razorpay Software Private Limited (Karnataka High Court) 1. The petitioner is before this Court seeking for the following reliefs:- “A. Pass An Order U/S 11(6) of the Arbitration & Conciliation Act, 1996 appointing a sole arbitrator as per agreement dated entered on dated: 18/11/2020 to the Arbitration and Conciliation Centre, […]

Section 27 of General Clauses Act Presumes Service of Statutory Notice In Favour of Complainant

August 13, 2022 11469 Views 0 comment Print

Section 27 of the General Clauses Act, as per which, a presumption is raised in favour of the complainant that the notice had, in fact, been delivered.

Tax credit cannot be denied for deposit under wrong head

August 13, 2022 1200 Views 0 comment Print

There is no dispute that petitioners deposited taxes, however, the mistake which petitioners have committed is that they deposited tax under minor head ‘200’ instead of ‘400’.

Alleged purchase from suspicious & fake suppliers – HC declines Bail to accused

August 13, 2022 1290 Views 0 comment Print

Basudev Mittal Vs Union of India (Chhattisgarh High Court) It is alleged that the applicant has illegally availed Input Tax Credit of more than Rs.5,00,00,000/- by purchasing the goods from several suspicious and fake suppliers whose registration had already been cancelled. During search, it also came to the forefront that more than 700 vehicles, against […]

CESTAT recommends Contempt proceeding for issue of SCN after passing of final order

August 13, 2022 1413 Views 0 comment Print

Assistant Commissioner issued show cause notices after passing of final order by Tribunal, with respect to subject matter of refund, was wholly against provisions of law

CPC must rectify mistake apparent from records despite non-filing of revised Return

August 13, 2022 5049 Views 0 comment Print

Markand Induprasad Bhatt Vs DCIT (ITAT Ahmedabad) However, we note that the power of rectification u/s 154 of the Act can be exercised only if there is a mistake apparent from the record which is one of the pre-condition meaning thereby the mistake should be apparent, obvious from the record. In other words, in order […]

Mere Non-response from creditors cannot be treated as furnishing of inaccurate particulars of income

August 13, 2022 879 Views 0 comment Print

Royal Rubber Works Vs ITO (ITAT Delhi) Undisputedly, the addition based on which the Assessing Officer imposed penalty under section 271(1)(c) of the Act was on account of sundry creditors. While deciding the quantum appeal of the assessee, the Tribunal has deleted the major part of the addition, accepting assessee’s submission that such amount was […]

Reasonable time limit for issue of notice u/s 201(1)/201(1A) is 4 years

August 13, 2022 14313 Views 0 comment Print

ITAT held that Reasonable time limit for issue of notice u/s 201(1)/201(1A) is 4 years and Assessee cannot be taxed for non-deduction of TDS U/s. 195  if non-resident discharged obligation with respect to payment of capital gains tax

Assessment Order against Non-Existing Company is not legally sustainable

August 13, 2022 2733 Views 0 comment Print

ITAT Held that, since assessee ceased to be in existence as on the date when Ld. AO passed the impugned order of assessment, assessment so framed is not sustainable in the eye of law.

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