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Section 80IB: Tax Holiday cannot be granted on Bogus transactions

June 14, 2020 1329 Views 0 comment Print

ITAT states that, it has to be pointed out that any tax holiday can be granted to a person who declares a truthful return. It cannot and should not be granted to the person who claims that he purchased medical equipments in the guise of treating poor persons and it is subsequently found that the entire transaction is bogus.

Bogus GST Bill / ITC- HC grants anticipatory bail to accused

June 12, 2020 1392 Views 0 comment Print

The High Court of Punjab and Haryana granted anticipatory bail to a 24-year-old youth accused of  committing tax evasion to the tune of over Rs 4 crore by generating bogus invoices of sales and purchases.

No capital gain tax on land transfer to co-op society formed by flat purchasers

June 12, 2020 8751 Views 1 comment Print

Whether the AO is correct in considering that the capital gain will arise in the year when the land is transferred to the co-operative society formed by the flat purchasers and not when flats are sold?

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

June 11, 2020 1182 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.

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

June 11, 2020 1791 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?

Monopoly cannot be claimed on Words being Common to Trade

June 10, 2020 4593 Views 0 comment Print

In the present case, the dispute arose for the aforementioned reason as it is the case of the Plaintiff that the adoption of the deceptively similar expression Magical Masala by the defendant in the year 2013 for marketing their noodles amounts to passing-off.

Sunfeast -Maggi Dispute – No Monopoly on word ‘Magic’, ‘Masala’

June 10, 2020 5067 Views 0 comment Print

The word Magic is laudatory. It is incapable of being appropriated by the plaintiff. As such no person can claim any monopoly over the said word Magic or Magical or their derivative as they are common to the trade. Therefore, it is incapable of being monopolised by any trader.

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

June 10, 2020 3771 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?

No Slump Sale if price based on individual assets & liabilities

June 10, 2020 2154 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?

HC instructs refund of Service Tax paid under Promoter with interest

June 10, 2020 2376 Views 0 comment Print

The issue under consideration is relating to the writ petition filed for seeking refund of pre-deposit of Service Tax  alongwith interest. Question is whether petitioner will get the refund or not?

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