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GST: Not furnishing certified copy of order appealed against within 7 days of filing of appeal is a mere technical defect

July 3, 2022 11412 Views 0 comment Print

Atlas Pvc Pipes Limited Vs State of Odisha (Orissa High Court) It is ex facie clear from the copy of Memo of Appeal in Form GST APL-01 vide Annexure-2 series to the writ petition that having received the Order passed under Section 74 of the OGST Act on 20.01.2021, the Petitioner filed the appeal invoking […]

Cost perceived by donor of Gift cannot be considered as Cost of acquisition

July 3, 2022 3228 Views 0 comment Print

Saireddy Pruthviraj Reddy Vs ITO (ITAT Hyderabad) It is pleaded by the assessee before us that while receiving the flat No. 914, the mother of the assessee valued the same at Rs. 27,23,000/-and offered to tax the capital gains arising therefrom. On this premise the assessee insists that the cost of acquisition of plot No. […]

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

July 3, 2022 4065 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 6333 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 1548 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 945 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 666 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 585 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 2553 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 1509 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

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