Follow Us:

Cenvat Credit eligible on Litigation Expenses paid to Association

October 3, 2021 576 Views 0 comment Print

Sunrise Containers Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) There is no dispute that the legal case was filed by the Distiller’s Association of Maharashtra which consists of many member manufacturers. Therefore, the beneficiary of the outcome is not only the appellant but all the members which means that the service was availed by all […]

No section 40(a)(ia) disallowance for professional charges not claimed in profit and loss account

October 2, 2021 3270 Views 0 comment Print

ACIT Vs Conwood Medipharma Pvt. Ltd. (ITAT Delhi) CIT(A) noted that the assessee had not claimed the said professional expenses in its profit & loss account and had capitalized the same under work in progress i.e. ‘Building under Construction’ in fixed assets schedule. The CIT(A) thus deleted the addition. We find merit in the order […]

Cessation’ of liability cannot be claimed by AO if proceedings for recovery pending against Assessee

October 2, 2021 1035 Views 0 comment Print

DCIT Vs Surbhit Impex Pvt. Ltd (ITAT Mumbai) It is undisputed position that as on the relevant point of time, the proceedings against the assessee for recovery of these amounts were pending before the Hon’ble judicial forums. It was only on 29.01.2018, i.e., which much after the end of the relevant previous year, that Their […]

IBC 2016 have overriding effect over Income Tax Act, 1961

October 2, 2021 3627 Views 0 comment Print

Moserbaer India Ltd. Vs DCIT (ITAT Delhi) Section 238 of IBC 2016 will have overriding effect over all other Central and State statutes including the Income-tax Act and all the claims including claim of the Income-tax Department under the Income-tax Act, 1961 shall be entertained by the Official Liquidator u/s 53 (1) of the Code. […]

HC declined to interfere with order of Settlement Commission & dismisses Writ Petition

October 2, 2021 2643 Views 0 comment Print

P. K. Bhawmick Vs Abhratosh Mazumdar (Calcutta High Court) HC was not inclined to interfere with the impugned order of the Settlement Commission in this Writ Petition and dismissed the same for the following reasons: i) Petitioner/Income Tax authorities have failed to make out any case in this Writ Petition that the learned Settlement Commission […]

Liquidator at liberty to apply & enforce amended Clause 12 of Schedule I of Liquidation Regulations

October 2, 2021 1848 Views 0 comment Print

In re Mr. Sundaresh Bhat Liquidator of ABG Shipyard Limited (NCLAT Delhi) When in an auction somebody has given a higher bid, if instead of 15 days, the person gets a breathing time of 90 days to make a payment, no other person gets affected. We have seen the Discussion Paper referred to by the […]

Cenvat Credit eligible on product recall insurance policy expense

October 2, 2021 414 Views 0 comment Print

Bhavani Industries Vs C.C.E. & S.T. (CESTAT Ahmedabad) Issue lie in narrow compass that whether the appellant is eligible to Cenvat Credit in respect of Service Tax paid by Product Recall Insurance Policy. As per the facts of the case the Product Recall Insurance Policy is taken by the appellant, as per condition of sale […]

Trust registration cannot be denied for including religious object if primary or dominant purpose is Charitable

October 2, 2021 2583 Views 0 comment Print

If the primary or dominant purpose of an institution is charitable than any other object which by itself might not be charitable but just merely ancillary or incidental to the primary or dominant purpose, would not prevent the trust or institution from being a valid charity.

In absence of transfer, payment for use of software cannot be treated as Royalty

October 2, 2021 2550 Views 0 comment Print

Shell India Markets Private Limited Vs ITO (ITAT Mumbai) Assessee’s claim that it has acquired mere user right in copyrighted article and thus the payments in question are not to be considered as royalty, is not tenable. As there is transfer of copyright right between the assessee and the SIBV, the payments made by the […]

SEBI eases compliance requirement for rights issues

October 1, 2021 1602 Views 0 comment Print

Issuer Company shall conduct a Vulnerability Test for optional mechanism (non-cash mode only) provided to accept the applications in Rights Issue (facility provided by RTA), from an independent IT Auditor, and submit the report to Stock Exchange(s).

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031