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Judiciary

Pre-GST Cases should be decided at the earliest : Allahabad HC

April 19, 2019 1218 Views 0 comment Print

M/s LG Electronics (India) Pvt Ltd Vs. State of U.P. (Allahabad High Court) The Sale Tax regime came to an end on 13th May, 1994. Thereafter, Trade Tax regime came into force by U.P. Act No. 31 of 1995 with effect from 14.5.1994 but, the scheme of the erstwhile that continued without any change in […]

Competition from exempt /compounding manufacturers not valid ground to indulge in Profiteering

April 19, 2019 1599 Views 0 comment Print

The claim of the Respondent that he could not have reduced his prices after the tax reduction due to stiff competition from other exempted and compounding manufacturers, resistance from his customers, increase in the raw material and transportation costs and he was providing robust profit margins and discounts to his dealers cannot be accepted as the present proceedings are only conecerned with ascertaining whether the Respondent had passed on the benefit of rate reduction to his customers or not

No Penalty U/s. 271(1)(c ) for human error with no willful concealment

April 19, 2019 3126 Views 0 comment Print

Jefferris India Pvt. Ltd. Vs. ACIT (ITAT Mumbai) When there was no willful concealment and mistake involved human error, penalty under section 271(1)(c ) deleted

Basic administrative expenses incurred after setting up but before commencement of business allowable

April 18, 2019 4215 Views 0 comment Print

 Assessee having already set up its business was eligible to claim basic administrative expenditure as business expenditure though business operations were commenced in the subsequent year.

Company cannot be treated as comparable due to unreliability of its financial data

April 18, 2019 2280 Views 0 comment Print

As regards comparability of Maple e–solutions Ltd., it has now been well settled through various judicial precedents that this company cannot be treated as comparable due to unreliability of its financial data.

TDS U/s. 194J deductible on Fees shared between hospital & doctors

April 18, 2019 14442 Views 1 comment Print

CIT Vs Asian Heart Institute and Research Centre Pvt. Ltd. (Bombay High Court) In the present case, it has been recorded that the doctors were entitled to admit, investigate and provide treatment to the patients and that the doctors would be responsible for their clinical care. The doctors were responsible for supervising the sub-ordinate staff […]

Reassessment when Assessee made AO left with little time to complete assessment

April 18, 2019 3039 Views 0 comment Print

Cenveo Publisher Services India Ltd Vs. UOI (Bombay High Court) In this case the petitioner raised objections promptly after withdrawing the petition from this Court, would not in any manner dilute the fact that it was on the ground of the petitioner’s conduct that the Assessing Officer was left with little time to dispose of […]

Section 254(2) Non-consideration of decisions is mistake apparent from law

April 18, 2019 7023 Views 0 comment Print

M/s. Ushodaya Enterprises Private Ltd Vs Addl. CIT (TDS) (ITAT Hyderabad) We have perused the order of the Tribunal and find that in Para 8 of the order, the Tribunal has considered the applicability of sub-section (3) of section 201(1) also to 201(1A) and has clearly held that sub section (3) refers only to an […]

SC refuses to stay HC order Quashing Criminal Proceedings against Chidambaram family

April 18, 2019 1242 Views 0 comment Print

Principal CCIT Vs Nalini Chidambaram (Supreme Court of India) Learned counsel for the petitioners prays for interim stay of the judgment of the High Court on the ground that the said judgment may be acted upon in other similar cases. While, we decline the prayer for stay, as the same would amount to grant of […]

No Transfer on mere appointment of Power of Attorney for property

April 18, 2019 2358 Views 0 comment Print

Sh. Gurdev Singh Vs ITO (ITAT Amritsar) Smt. Harsharan Kaur was 73 years old lady at the relevant time. Therefore, she gave Power of Attorney to the assessee since she could not maintain the property. It was further submitted that within one year from the date of general Power of Attorney, the assessee gave the […]

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