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No penalty for Addition on Estimation Basis under section 271(1)(c)

July 3, 2022 3987 Views 0 comment Print

ITAT held that when addition was made on estimation basis that by itself does not lead to conclusion that assessee either concealed the particulars of income or furnished inaccurate particulars of such income.

Section 194J TDS on fees to Doctors engaged as Retainers & Consultants

July 3, 2022 6237 Views 0 comment Print

High Court held that the provisions of Section 194J applied to the retainer doctors and not those of Section 192.

AO not justified in taking two views in respect of same transaction/bank deposits

July 3, 2022 1524 Views 0 comment Print

Swami Shibrupananda Jayrambati Ramkrishna Saradamath & Mission Vs ITO (ITAT Kolkata) Ld. AO had taken two views in respect of same transaction/bank deposits made by the assessee, one pre-demonetization period deposits, which he treated as income from profession of the assessee and 50% of such deposits treated as income from profession. On the other hand, […]

HC allows re-Export of goods subject to Authority of dept to impose penalty for irregularities

July 3, 2022 876 Views 0 comment Print

Assistant Commissioner of Customs Vs Mahadev Enterprises (Madras High Court) The simple prayer in the writ petition is to direct the appellants to permit the respondent to re-export the goods, namely, Unflavored Supari (Betelnut Product) and to issue a ‘Detention Certificate’ for waiver of demurrage and container detention charges. The respondent imported Betelnut Product with […]

Filing of criminal case cannot be examined from competition law perspective

July 2, 2022 624 Views 0 comment Print

With regard to the filing of the criminal case against the Informant, the Commission notes that the same cannot be examined from the competition law perspective in the fact and circumstances of this case, as such litigation is not with any object of affecting competition but appears to be in the nature of proceedings toward recovery.

No contravention of Competition Act, 2002 by Eastern Coalfields: CCI

July 2, 2022 570 Views 0 comment Print

Tamil Nadu Generation and Distribution Corporation Limited Vs Eastern Coalfields Limited (Competition Commission of India) The dispute in the present Information centres around the sampling procedure. The Informant alleges that the sampling policy of CIL, whereunder the referee samples are to be kept in the premises of ECL/similar subsidiaries of CIL, has made the sampling […]

Limitation not applies to Refund of PLA Balance

July 2, 2022 2508 Views 1 comment Print

Sun Pharmaceutical Industries Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT held that in case of PLA balance, it is not deposited as a duty but it is deposited as advance towards the duty. The PLA Amount takes the color of excise duty only when it is utilized for payment of duty on clearance of […]

Multiple Flats not linked to each other cannot be treated as Single Residential House

July 2, 2022 1458 Views 0 comment Print

It was the submission that assessee has acquired multiple units and, therefore, the assessee is not entitled to claim of exemption u/s. 54F

Place of Residence of Arbitrator not determines the jurisdiction of Arbitration

July 2, 2022 687 Views 0 comment Print

S. Square Infra Vs Garneni Chalapathi Rao (Telangana High Court) The learned counsel for the petitioner mainly contended that as the respondents nominated the Arbitrator residing at Hyderabad, only the Courts at Hyderabad are having jurisdiction but not the Courts at Sangareddy and thus, sought for transfer. Admittedly, the offer of the respondents was rejected […]

HC Orders Blocking of Website ‘myvoltascare.com’ for Trademark Infringement

July 2, 2022 459 Views 0 comment Print

Voltas Limited Vs Ashok Kumar (Delhi High Court) It has been submitted that the present suit has been filed seeking permanent injunction restraining Defendant No. 1 from infringing the plaintiff‟s registered trademark(s) through use of the registered and well-known trademarks VOLTAS and/or the VOLTAS Logo on the website www.myvoltascare.com, passing off the Impugned Website as […]

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