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Judiciary

Construction expense cannot be disallowed merely based on Inspector Report

October 16, 2019 2820 Views 0 comment Print

ITO Vs Shri Deepak Chadha (ITAT Delhi) Mere Doubting Expenditure On Construction Without Evidence On Sole Basis Of Inspector Report Is Invalid In the present case the addition has been made by the ld AO on the basis of mere presumptions. The market value of the flat determined by the ld AO was without any […]

Addition justified for Unverified corpus donation 

October 15, 2019 993 Views 0 comment Print

Where corpus donation could not be verified as donor was not co-operating in providing details, it was rightly treated as unexplained cash credit under section 68.

Cash Sale of Car cannot be doubted without inquiry| Addition not justified

October 15, 2019 2580 Views 0 comment Print

Mr. Satyender Yadav Vs ITO (ITAT Delhi) It is not in dispute that assessee is owner of the Car. The assessee explained that car is sold for cash of Rs.3,21,900/- to Shri Parvender Singh who has executed an affidavit in favour of the assessee, confirming the purchase of the Car. The A.O. did not examine […]

Mere Magnitude of disallowance cannot be the basis for restricting disallowance

October 15, 2019 1779 Views 0 comment Print

The learned CIT(A) noticed that the assessee has not filed detail of expenses before the Assessing Officer, still he restricted the disallowance for other expenses to 10% of the total expenses without any justification and only on the basis of the magnitude of the disallowance. The learned CIT(A) should have examined the books of accounts along with bills and vouchers to decide the issue of disallowance of other expenses and depreciation.

ICAI fined Rs. 50000 by Appellate Authority for not complying its directions

October 15, 2019 2475 Views 0 comment Print

Authority is of the view that further period of four months be given to the Institute to complete its entire proceedings on priority. The Institute is, however, burdened with penalty of Rs.50,000/- in each appeal payable to the Appellate Authority within 2 weeks from the date of receipt of this order.

Cabling of various parts of agriculture machine is not ‘manufacture’

October 15, 2019 882 Views 0 comment Print

CESTAT Delhi has held that mere cabling of various parts of agricultural machine (laser level transmitter, laser receivers, control boxes connecting cables and rechargeable battery packs) so as to let them function as a complete machine does not amount to manufacture and hence benefit of Sl. No. 399(A) of Not No. 12/2012-Cus. cannot be denied.

HC directs Govt to allow appellant to file rectified TRAN-I

October 15, 2019 1086 Views 0 comment Print

Godrej & Boyce Mfg. Co. Ltd. Vs Union of India & Ors. (Delhi High Court) Admittedly there has been a typographical/ clerical error on the part of the petitioner which the petitioner is entitled to correct while filling up the TRAN-I Form, we dispose of this writ petition by directing the Respondents “to either open […]

GST on design, realisation, integration & commissioning of Wind Tunnel for ISRO

October 15, 2019 1572 Views 0 comment Print

In re M/s Tata Projects Limited (GST AAR Kerala) Advance Ruling regarding Design, realisation, integration and commissioning of 1.2m trisonic wind tunnel at VSSC, ISRO, Thiruvananthapuram. Whether the supply under the contract for ‘Design, Realisation, Integration and Commissioning of 1.2m Trisonic Wind Tunnel at Vikram Sarabhai Space Centre, ISRO, Thiruvananthapuram can be considered as supply […]

Interest on delayed refund – Wrong/excessive collection of duty is not ‘deposit’

October 15, 2019 4248 Views 0 comment Print

It is to be noted that right to credit or forfeit such deposit would arise only after determination of the liability to pay the ‘duty’. On the other hand, the right over the duty so paid is instant on the revenue and not a postponed entitlement.

HC Explains Law for Withholding of IT Refund under Section 241A

October 14, 2019 3384 Views 0 comment Print

Maple Logistics Private Limited & Anr Vs Pr. CCIT (Delhi High Court) Assessing Officer shall, firstly, with reasons, make a prima facie assessment of the probability that additions would be made in the Scrutiny Assessment Proceedings, secondly; he shall make an assessment of the quantum of additions, if any, that may be made to the […]

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