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Reassess Customs Duty on Bills of Entry- HC directs Custom Authorities

January 18, 2021 12450 Views 1 comment Print

Dimension Data India Private Ltd. Vs Commissioner of Customs And Anr. (Bombay High Court) The expression “mistake” appearing in section 154 of the Customs Act may be defined as something done unintendedly or through inadvertence. The section itself says that the error in any decision or order should be due to any accidental slip or […]

Section 83 attachment order cannot be passed by Assistant Commissioner

January 18, 2021 1098 Views 0 comment Print

Himanshu Infraprojects Pvt. Ltd. Vs Commissioner, Central Goods & Services Tax (Punjab & Haryana High Court) In the present case Section 83 order was passed by the Assistant Commissioner.  As per the counsel for the respondents the order itself reveals that it was passed with the consent of the Commissioner. However, this would not be […]

Stamp duty expense on IPO allowable under section 35D

January 18, 2021 4644 Views 0 comment Print

Whether, the Tribunal was justified in law in holding that the expenditure incurred in connection with the issue of IPO inter alia stamp duty is an allowable expenditure under section 35D of the I.T. Act

Bail granted to person accused of availing Fake ITC of ₹ 13.90 Cr

January 17, 2021 1092 Views 0 comment Print

Pawan Kumar Singla Vs. DGGI (Patiala House Court) In the given facts, accused is a old man of 66 years of age apparently having clean antecedents as no evidence has been brought forth by the department to show that he has previously been involved/engaged in similar offences. Further, the conduct of the accused seems to […]

Rule 10B | Transfer Pricing | Adjustment to eliminate differences in accounting policies

January 16, 2021 4971 Views 0 comment Print

PCIT Vs Novell Software Development (India) Pvt. Ltd. (Karnataka High Court) Facts:  1. Taxpayer, a captive software development and support service provider, is subsidiary of Novell Inc US. The taxpayer provided software development and support services to its US Associated Enterprise and adopted Transactional Net Margin Method. 2. The taxpayer was providing depreciation as per […]

Fake GST invoice: White collar offences more serious than offences like murder, dacoity etc.

January 15, 2021 2286 Views 0 comment Print

Tejas Pravin Dugad Vs Union of India (Bombay High Court) The Petitioners are directors of M/s. Ganraj Ispat Private Limited company and the company is registered under the provisions of the Central Goods and Services Tax Act, 2017 (GST Laws) (the Act). It has registered office at Supa, District Nagar, Maharashtra. One Tushar Munot, sole […]

Penny Shares: Delhi HC deletes addition of alleged bogus LTCG

January 15, 2021 4089 Views 0 comment Print

In the instant case, the AO had proceeded predominantly on the basis of the analysis of the financials of M/s Gold Line International Finvest Limited. His conclusion and findings against the Respondent are chiefly on the strength of the astounding 4849.2% jump in share prices of the aforesaid company within a span of two years, which is not supported by the financials.

Uttarakhand HC directs CBDT to consider representation on due date extension

January 15, 2021 24579 Views 6 comments Print

The Dehradun Chartered Accountants Society Vs. Union of India (High Court of Uttarakhand at Nainital) High Court held that Admittedly, the country continues to suffer and to reel under the COVID-19 pandemic. A large number of assesses still find it difficult to even meet their Chartered Accountants and to file their Income Tax Audit Reports […]

HC allows continued Attachment of Bank Accounts until objections under CGST Rule 159(5) filed

January 14, 2021 768 Views 0 comment Print

Ramakrishna Electro Components Pvt Ltd Vs Union of India & Anr. (Delhi High Court) We have heard the counsel for the respondents on the aforesaid aspect. The respondents cannot have any claim to further overdraft, if any, availed of by the petitioner in the overdraft account with the SBI. We thus deem it apposite to, […]

Certificate under section 65B of Indian Evidence Act required when reliance is placed on Whatsapp messages

January 14, 2021 4842 Views 1 comment Print

Rakesh Kumar Singla Vs Union of India (Punjab & Haryana High Court) Learned counsel for the NCB has also placed reliance on Whatsapp messages by which the petitioner could be implicated. However, on the asking of this Court, whether a certificate under Section 65B of the Indian Evidence Act is available at the present moment […]

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