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Judiciary

No section 68 addition if assessee discharges burden put upon it

June 1, 2020 1245 Views 0 comment Print

In balance sheet of assessee credit balance of lenders had been shown at Rs. 49 lacs and Rs. 13 lacs and details of accounts along with confirmation, addresses and PAN of lenders were furnished before AO for verification. Even assessee had furnished copy of assessment orders passed in case of lender for the relevant year for verification. Apart from that, funds had been received by assessee through banking channel, and therefore, all the ingredients necessary for proving cash credit under section 68 stood satisfied by assessee. Therefore, AO was not justified in making addition under section 68.

Validity of addition for Undervaluation/Understatement/ Shortage of closing stock

June 1, 2020 12429 Views 0 comment Print

Shyam Cotsyn India Ltd. Vs ITO (ITAT Ahmedabad) Understatement of stock or unrecorded sale If the assessee has overvalued its closing stock of the earlier assessment year which suggests that amount of profit was increased by that amount or the loss was decreased by the same amount of that assessment year. As such the effect […]

DGOV guidelines not overrules Customs Valuation Rules

June 1, 2020 9093 Views 0 comment Print

Sunland Alloys Vs C.C. (CESTAT Ahmedabad) The issue under consideration is whether the DGOV guidelines are over and above Customs Valuation Rules? In the present case, the appellant imported Aluminium Scrap under various Bill of Entries and the price declared in the Bill of Entry is as per the invoice of the foreign supplier. The […]

Provisions of section 153C on search date will be applied to proceedings

June 1, 2020 3105 Views 0 comment Print

DCIT Vs Late Shri Pravinsinh N Zala (ITAT Rajkot) Whether the amendment brought under the provisions of section 153C of the Act, where the word ‘belong’ was replaced with the word ‘pertain’ is applicable for the year under consideration. It was only on 1st June, 2015 when the amended provisions came into force that the […]

Cenvat Credit cannot be denied for Invoices prior to ISD registration

June 1, 2020 2667 Views 0 comment Print

Mafatlal Industries Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) Demand of Rs. 39,60,634/- was confirmed on the ground that same was wrongly availed on ISD invoices issued by the appellant’s Ahmedabad and Mumbai branch for services availed prior to the date of ISD registration was granted for the said unit. We find […]

Tribunal can direct provisional release of seized gold, jewelry lies

June 1, 2020 3222 Views 0 comment Print

Tribunal’s power and jurisdiction of  hearing an appeal against an order of provisional release was coequal with the power exercised by the adjudicating authority. Tribunal had the power to direct provisional release of gold jewellery, seized as well as to fix the terms.

Subsequent property purchaser liable for Electricity dues of earlier owner: SC

June 1, 2020 9978 Views 0 comment Print

Telangana State Southern Power Distribution Company Limited & Anr. Vs. Srigdhaa Beverages (Supreme Court) 1. M/s. SB Beverages, owner of a piece of land, failed to repay a loan to Syndicate Bank (creditor). 2. To this measure, on 25.05.2017 the Bank (secured creditor) brought the property to auction under the SARFAESI Act. 3. The land […]

No penalty for mere upheld of additions by CIT (A)

May 31, 2020 1203 Views 0 comment Print

PCIT Vs Junjab National Bank (Delhi High Court)  Merely because additions made by the Assessing Officer have been partially upheld by the CIT (A), would not confer the ground to initiate proceedings under Section 271(1)(c) of the Act of imposition of penalty, unless it is found that there is concealment of material facts, or furnishing […]

ITAT upheld section 69 Addition for cash found in bank locker

May 31, 2020 1920 Views 0 comment Print

The issue under consideration is whether A.O. and CIT is correct in making an addition u/s 69 for cash found during search in bank locker?

Nature of rent Income not changes merely for Agreement Type

May 31, 2020 1359 Views 0 comment Print

Mahle Filter Systems Pvt. Ltd. Vs Add. CIT (ITAT Delhi) The issue under consideration is whether A.O. is correct in treating the ‘rental income’ as ‘income from other sources’? The assessee has disclosed rental receipts from its factory building and after deducting 30% as per provisions of section 24 of the Act, income from house […]

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