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MEIS benefit cannot be denied for mere inadvertent error

February 21, 2020 2007 Views 0 comment Print

The petitioner, engaged in the export of leather shoes, had filed a shipping bill claiming duty drawback. The export transaction, the petitioner states, was also entitled for benefit under the Merchandise Exports from India Scheme (MEIS) notified under the Foreign Trade Policy.

HC dismisses Appeal against ‘Rajinikanth’ as Tax effect was below minimum limit

February 21, 2020 702 Views 0 comment Print

CIT Vs Shri R. Rajinikanth (Madras High Court) In this case When the matters are taken up for hearing, learned Junior Standing Counsel brought to our notice the Circular instruction issued by the Central Board of Direct Taxes vide Circular No. 17/2019 dated 8th August 2019, wherein, it is stipulated that appeals shall not be […]

Affordable house to low income group amount to ‘Relief to Poor’ & eligible for section 11 exemption

February 20, 2020 963 Views 0 comment Print

The issue under consideration is that whether the activities carried out by Surat Urban Development Authority are considered as Charitable Activities and hence entitled to the exemption under section 11 of the Income Tax Act or not?

Explained Jewellery cannot be included while giving benefit of CBDT Instruction related to Unexplained Jewellery

February 20, 2020 1473 Views 0 comment Print

CBDT Instruction No. 1916 allowing the specific quantity as reasonable and need not to be explained, does not include the jewellery which is otherwise explained by proof of documents of acquisition as well as declared/ recorded in the books of account of the assessee.

Bogus share capital/ premium- SC dismisses Review Petition of NRA Iron & Steel

February 20, 2020 3519 Views 0 comment Print

NRA Iron & Steel Pvt. Ltd Vs PCIT (Supreme Court) In this case earlier Hon’ble SC has upheld addition under Section of Share Capital and Share premium Considering the Same as Bogus as Appellant was  failed to prove the genuineness of the transaction of receiving share application money and to prove the creditworthiness. A petition […]

No Section 271(1)(c) penalty for genuine omissions in Income Tax Returns

February 20, 2020 2778 Views 0 comment Print

Omega Corrugators Pvt. Ltd Vs ITO (ITAT Mumbai) ITAT Mumbai bench has held that genuine omissions must be excluded from the levy of penalty under section 271 (1)(c) of the Income Tax Act, 1961. We find that assessee has debited a sum of Rs.3,57,541/- towards loss on sale of motor car in its profit and […]

Bombay HC puts Income Tax Assessment of Deepak Kochhar on hold

February 20, 2020 1185 Views 0 comment Print

In the well known case of Deepak Kochhar, the husband of ex-ICICI Bank CEO Chanda Kochhar Bombay High Court has passed an order that the Income Tax (IT) Assessment Order pertaining to the Assessment Year 2012-13 which was passed against Deepak Kochhar was put on hold and further, the High Court ordered to move to the First Appellate Authority challenging the Income Tax (IT) Assessment Order and till such remedy is availed by the appellant the Income Tax (IT) Assessment Order will be put on stay.

Section 40(a)(ia) not gets attracted for lesser deduction of TDS

February 20, 2020 2157 Views 0 comment Print

DCIT Vs Chandabhoy & Jassobhoy (ITAT Mumbai) Section 40(a)(ia) can be invoked only in the event of non deduction of tax (TDS) but not for lesser deduction of tax.  Hence, this will not be the reason to disallow the expense u/s 40(a)(ia) just because of less deduction since section 40(a)(ia) can be invoked only in […]

Goods Transport Agency Services not eligible for Cenvat Credit

February 19, 2020 2106 Views 0 comment Print

The issues involved in this Appeal is whether GTA service is entitle as an input service in terms of Rule 2(l) of Cenvat Credit Rules, 2004 even after 1.4.2008 on FOR sales i.e. delivery upto the factory gate of the customers, which, according to Revenue, was beyond the place of removal?

Mere suspicion cannot be the reason for detention of goods under GST

February 19, 2020 5670 Views 0 comment Print

In any circumstances, the authorities concerned cannot invoke Section 130 of the Act at the threshold, i.e., at the stage of detention and seizure. For the purpose of invoking Section 130 of the Act at the very threshold, the authorities need to make out a very strong case.

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