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Judiciary

Section 292BB doesn’t cure complete absence of notice it cures only manner of service of notice

April 14, 2023 1077 Views 0 comment Print

ITAT Delhi held that provisions of section 292BB of the Income tax Act doesn’t cure complete absence of notice. Section seeks to cure only the manner of service of notice.

Sub-letting rental income taxable under ‘income from other sources’

April 14, 2023 12339 Views 0 comment Print

ITAT Visakhapatnam held that rent received from sub-letting the property is taxable under the head ‘income from other sources’ and not under the head ‘income from house property’.

Refund of excess additional custom duty paid was rightly sanctioned as authorities were binding by HC order

April 14, 2023 831 Views 0 comment Print

Refund claim seeking refund of the excess additional duty of customs paid during the period 26.03.2015 to 22.06.2015 was rightly sanctioned as there was no error on the part of either the Assistant Commissioner or the Commissioner (Appeals) in sanctioning the refund without considering the limitation as both authorities were bound by the order of the Delhi High Court.

SC defines consumer & commercial purpose under Consumer Protection Act

April 14, 2023 24663 Views 0 comment Print

Meaning of commercial purpose under Consumer Protection Act for reimbursement of claim on account of fire at Godown of a commercial enterprise

Addition under section 41(1) cannot be made Adhoc or on Estimate’s

April 14, 2023 1473 Views 0 comment Print

JCIT (OSD) Vs Yashmaan Pathak (ITAT Mumabi) No scope of  adhoc or estimated addition u/s. 41(1) &  the entire conditions precedent for invoking section 41(1) has to be fulfilled. Assessee has filed his return of income   and the  AO during scrutiny issued show cause notice to the   assessee to file details and confirmation of the […]

Predatory pricing vis-à-vis Abuse of Dominance Power

April 13, 2023 1203 Views 0 comment Print

Fast Track Call Cab Pvt. Ltd.  Vs ANI Technologies Pvt. Ltd. (Competition Commission of India) Brief Background of the Case The present case is a dispute between Ola (ANI Technologies Pvt. Ltd.), an app-based taxi aggregator, and two radio taxi service providers (Fast Track Call Cab Pvt. Ltd.). The informants essentially accused the company of abusing […]

Documentary evidences provided by appellant hence burden is on department to prove foreign origin of goods

April 13, 2023 636 Views 0 comment Print

Maa Lilori Bhander Vs Commr. of Customs (Preventive) (CESTAT Kolkata) CESTAT Kolkata held that appellant duly produced documentary evidences like GST invoice, E-way bill and consignment notes. Accordingly, once Appellant has provided documentary evidence, the burden of proving that the goods are of a foreign origin falls on the Department. Facts- In the present case […]

Disallowance for non-deduction of TDS of RPC fee unsustainable in terms of second proviso to section 40(a)(i)

April 13, 2023 1086 Views 0 comment Print

ITAT Delhi held that no part of the RPC fee is liable to be disallowed in terms of clause (i) of s. 40(a) because the second proviso clause (i) of Section 40(a) being curative and declaratory in nature has to be given retrospective effect.

Addition of cash deposits unsustainable if reasonable & plausible explanation given

April 13, 2023 1734 Views 0 comment Print

ITAT Pune held that addition on account of cash deposits unsustainable as reasonable and plausible explanation given by the assessee.

Addition of rental income as undisclosed income merely because of wrong deduction of TDS unjustified

April 13, 2023 1053 Views 0 comment Print

ITAT Delhi held that addition of rental income as undisclosed merely because tenant as wrongly deducted TDS u/s. 194J is unsustainable as landlord cannot be blamed for wrong deduction of TDS.

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