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No addition can be made in section 153C assessment if AO not referred any incriminating material in his order

March 13, 2022 2856 Views 0 comment Print

PCIT Vs Vikas Telecom Ltd (Delhi High Court) In this case the learned Assessing Officer while farming the assessment order has not referred to any seized documents belonging to the assessee found during the course of search proceedings. In the remand proceedings the learned Assessing Officer has also submitted that no any incriminating materials have […]

Licensing of software products of Microsoft in India not taxable as Royalty

March 13, 2022 2187 Views 0 comment Print

High court held that licensing of software products of Microsoft in the Territory of India by the Respondent was not taxable in India as Royalty under Section 9(1)(vi) of the Act read with Article 12 of the Indo US DTAA.

Section 68 addition justified for non-production of persons summoned

March 13, 2022 717 Views 0 comment Print

Explore the ITAT Delhi’s decision on Anandtex Int. P. Ltd’s case against addition under section 68 of the Income Tax Act. Learn about the challenges related to share application money and share premium.

GST Evasion: No anticipatory bail for an offence which is bailable

March 13, 2022 4263 Views 0 comment Print

Allahabad High court held that granting of anticipatory bail does not arise for an offence which is bailable and a direction for the same can be issued only in respect of non-bailable and cognizable offences, the present anticipatory bail application deserves rejection and, accordingly, it is rejected.

section 114 of Customs Act not attracted if dept fails to prove that appellant has abetted the offence

March 13, 2022 5571 Views 0 comment Print

Hera Shipping Solutions Pvt. Ltd Vs Commissioner of Customs (CESTAT Chennai) In order to attract section 114 of the Customs Act, 1962, the department has to establish some act or omission by which the appellant has abetted the offence. Brief facts are that the Directorate of Revenue Intelligence, Chennai Zonal Unit gathered specific intelligence that […]

ITAT slams dept for fixing hearing on Very Next day of Show-Cause Notice

March 13, 2022 1767 Views 0 comment Print

Sheela Devi Vs PCIT (ITAT Delhi) ITAT observed total lack of opportunity by PCIT while concluding the proceedings under Section 263 of the Act. It is apparent from the records that solitary show cause notice issued to the assessee was for attendance on the very next date, i.e., 26.03.2021 in substitution of the first show […]

Youtube not discharges public functions which are akin to Government functions so Not Amenable to Writ Jurisdiction n

March 13, 2022 1170 Views 0 comment Print

Issue an appropriate Writ, Order(s) or Direction(s) of like nature to set aside the action of removal of videos of petitioner on his You Tube channel and subsequent termination of his You Tube channel by respondent No.2 and further direct respondent no.2 to restore the You Tube channel of petitioner which was maintained on You Tube portal with the name and style of “Gurudev Siyag Sidh Yoga Free” and allow him to operate the said channel.

Delhi HC Refuses To Stay Govt Order Prohibiting discounts on Sale of Liquor

March 13, 2022 1590 Views 0 comment Print

Bhagwati Transformer Corp. Vs Government of NCT of Delhi (Delhi High Court) 1. By this order, I shall decide the above applications seeking interim relief, inasmuch as to stay the impugned order. 2. The common case of the petitioners in these petitions, as contended by their counsel, is a challenge to an order dated February […]

Insufficient stamping is no bar against appointing an Arbitrator

March 13, 2022 2145 Views 0 comment Print

Pigments & Allieds Vs Carboline (India) Pvt. Ltd. (Bombay High Court) In the present case, on a fair reading of provisions of the Maharashtra Stamp Act, as applicable in Maharashtra, it is evident under definition 2(d) that the agreement in question was required to be stamped when it was first executed. The agreement was first […]

No revision possible invoking section 263 provisions on highly debate issue

March 13, 2022 732 Views 0 comment Print

Kalaivani Spinners Pvt. Ltd. Vs ITO (ITAT Chennai) ITAT observed that PCIT himself admits that there are different views possible on claim of deduction u/s.80IA and issue is highly debatable. Once the issue is highly debatable no revision is possible invoking the provisions of section 263 of the Act. Hence, we quash the revision order passed […]

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