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Colgate Palmolive: Detained goods released on deposit of Tax & 10% penalty

June 11, 2020 954 Views 0 comment Print

The issue under consideration is regarding the show cause notice issued by GST department to Colgate Palmolive India Ltd for detention of goods.

Capital Gains of Cyprus Co not taxable in India as per DTAA prevailing at that time

June 11, 2020 2391 Views 0 comment Print

The issue under consideration is whether the sale of shares by a Cyprus company to the assessee of an Indian company, who was holding a technology Park [immovable property] as only asset, is taxable in India in view of the Double Taxation Avoidance Agreement between India and Cyprus?

Addition not justified when third party retracted the statement and Assessee not given Opportunity to Cross Examine

June 11, 2020 1047 Views 0 comment Print

The issue under consideration is whether the addition under section 68 is done by AO is justified in law whenm addition was based on third party statements which were retracted by them and Assessee was not given opportunity to cross examine them and when Addition are based merely on Surmises?

Transponder services in India is Not in the nature of Royalty & hence Not Taxable 

June 11, 2020 843 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in holding that the payment for provision of transponder capacity is in the nature of Royalty?

Wrongful Availment of ITC – Anticipatory Bail granted on bond of Rs.10 lacs

June 11, 2020 1461 Views 0 comment Print

The issue under consideration is that the petitioner filed writ petition for seeking grant of anticipatory bail, whether HC allow him the grant or not?

Non-compete fees paid to employee is part of salary & hence Not Taxable in India as per DTAA

June 10, 2020 3324 Views 0 comment Print

The issue under consideration is whether the amount paid to the employees under the non-compete agreement is covered by the expression ‘salary/profits in lieu of salary’ or not? and If not then whether the TDS will be applicable or not?

Penalty proceedings initiated after 4.5 years not sustainable

June 10, 2020 9978 Views 0 comment Print

The issue under consideration is whether the penalty proceeding initiated after 4.5 years from date of original assessment order is justified in lawand also when order was silent about the levy of penalty under section 271B?

No Slump Sale if price based on individual assets & liabilities

June 10, 2020 1911 Views 0 comment Print

The issue under consideration is whether ITAT was right in law in holding Section 50B i.e slump sale was not applicable in present case of assessee?

Penalty can be levied on same ground on which proceedings was initiated

June 10, 2020 1152 Views 0 comment Print

ITAT states that, disclosure of manner in which undisclosed income was earned and substantiating the manner in which undisclosed income was earned are two different things. Hence, there is no clarity in the stand of the Revenue for initiation of penalty under Section 271AAA,

Section 154 Application can’t be rejected when mistake is apparent from record

June 10, 2020 5007 Views 0 comment Print

Merely because assessee has inserted some figures, which are not in coherence with the other figures in the income tax return, there is a mistake apparent from the record, which needs to be rectified. Thus, the lower authorities are not justified in rejecting the application under section 154 of the act of the assessee. Hence, ITAT allow the appeal of the assessee.

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