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SCN cannot be issued to debtors until tax liability crystallise – HC

November 17, 2015 2233 Views 0 comment Print

The Petitioner is carrying on business of fabrication and erection of plants, structures etc. The Petitioner undertakes the projects on turn key basis as well as on work contract basis. The Petitioner has been registered as an assessee with the Service Tax Department since 2008.

HC confirms penalty on custom official for clearance of Consignment without proper Verification

November 15, 2015 1621 Views 0 comment Print

Delhi High Court held In the case of S.N. Ojha vs. Commissioner of Customs that apart from the statement recorded, there is sufficient corroboration by the fact that as many as 100 consignments were allowed to be cleared without proper verification.

Inadvertent mentioning of wrong assessee code does not invalidate payment: HC

November 13, 2015 5069 Views 2 comments Print

In the case of Devang Paper Mills Pvt Ltd Vs UOI, it was held that merely mentioning wrong code in the process, cannot result into such harsh consequence of the entire payment not being recognized as valid, incurring further liability of repayment of the basic duty with interest and penalties.

Department cannot file FIR under provisions of IPC for alleged non-payment of Service tax

November 11, 2015 1298 Views 0 comment Print

Department cannot file FIR under provisions of IPC for alleged non-payment of Service tax as the Finance Act being a special and complete Code prevails over general provisions of IPC- Ajay Kumar Sandhu Vs. State of Haryana [2015 (62) taxmann.com281 (Punjab & Haryana)]

Section 293 bar to entertain any civil suit against IT department on dues which are subject matter of income tax proceedings

November 11, 2015 3911 Views 0 comment Print

Delhi High Court held In the case of Vishwanath Khanna vs. CCIT that as per section 293, no civil suit lies against the Income Tax Department with respect to any dues claimed from the Income Tax Department if such dues are/can be the subject matter of proceedings under the Income Tax Act.

No ALP adjustment where buyer outsourced purchase only for administrative convenience & seller is only charging fixed manufacturing charges

November 11, 2015 1379 Views 0 comment Print

Delhi High Court held In the case of Johnson Matthey India Pvt. Ltd. vs. DCIT that the purpose of transfer pricing is to benchmark transactions between related parties in order to discover the true price if such entities were unrelated.

No TDS liability on supplement rental paid as it is not connected to operation of leased aircraft, not covered in exclusion of sec. 10(15A)

November 11, 2015 2545 Views 0 comment Print

Delhi High Court held In the case of Jet Lite (India) Ltd. vs. CIT that the ITAT has rightly pointed out that the supplement rental was within the ambit of the original provision of Section 10 (15A). Post amendment w.e.f. 1st April 1996

Reopening of assessment beyond 4 years not permitted without finding assessee’s failure to produce material facts

November 11, 2015 3703 Views 0 comment Print

Delhi High Court held In the case of The Principal CIT vs. Samcor Glass Ltd. & M/s Samtel Color Ltd. that it is a settled position of law that reopening of assessment beyond 4 years is not sustainable unless there was a failure by the Assessee to disclose any material particulars

Addition u/s 69B merely on the basis of DVO report not sustainable

November 11, 2015 2003 Views 0 comment Print

Delhi High Court held In the case of R.S. Bedi vs. ACIT that no addition u/s 69B is maintainable on the sole basis of DVO report. In the given case, although AO found some document during the search, but the same was not the basis for addition as also noted by ITAT.

Proceedings u/s 158BD not tenable where satisfaction note is not on record

November 11, 2015 1887 Views 0 comment Print

Delhi High Court held In the case of Haryana Paneer Bhandar vs. CIT. that the Revenue has been unable to produce the satisfaction note of the AO of the searched person. Consequently, on this short ground of there being no satisfaction note, which is a mandatory requirement under Section 158BD.

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