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Judiciary

A person cannot be disqualified for non submission of his resignation by company in question

June 25, 2018 1527 Views 0 comment Print

It is submitted that in the above facts and circumstances of the case that the petitioner has resigned from the directorship of the company in question, the petitioner would not incur a disqualification under Section 164 of the Companies Act. Consequently, the disqualification of the petitioner as notified in the lists dated 6thSeptember, 2017 and 12th September, 2017 by the respondent no.1 was incorrect and illegal.

Swarovski India Pvt. Ltd Appeal: The three golden rulings

June 25, 2018 1956 Views 0 comment Print

1. While allowing deduction under section 10B, the deduction is to be allowed to eligible undertaking, even the income being in negative. 2. Cutting and polishing of precious and semi precious stones constitutes manufacturing as contemplated in section 10B, 3. No fresh fact or fresh material which formed the reasons to believe for reopening of the assessment except the order passed by the AO, there being no other reason given by the AO for re-opening the assessment, notice issued under section 148 of the Act quashed.

HC explains when transfer pricing disputes constitute substantial questions of law

June 25, 2018 2193 Views 0 comment Print

PCIT Vs. Softbrands India P. Ltd (Karnataka High Court The existence of a substantial question of law is sine qua non for maintaining an appeal before the High Court. While the appeal to High Court under Section 260-A of the Act may be a First appeal in the sense from the order of final fact […]

GST on Information & amp; Communication Technology (ICT) @ School Project

June 25, 2018 3651 Views 0 comment Print

In re IL & FS Education and Technology Services Ltd. (GST AAR Maharashtra) Question 1. Determining applicability of Entry No. 72 of Notification No. 12/2017-Central Tax (Rate), dated the 28th June 2017 read with Entry No. 72 of Notification No. 12/2017-State Tax (Rate) dated 29.06.2017 to the services provided by the Applicant under the Information and […]

ITAT Condones Delay in filing appeal caused by fault of CA/ Counsel

June 25, 2018 5037 Views 0 comment Print

M/s. Midas Polymer Compounds Pvt. Ltd. Vs ACIT (ITAT Cochin) There was a delay of 2819 days in filing the appeal before the Tribunal. The assessee has stated the reasons in the condonation petition accompanied by an affidavit which has been cited in the earlier para. The assessee filed an affidavit explaining the reasons and […]

Loss can be carried forward if Return is filed within reasonable time permitted by notice u/s 153A(1)(a)

June 25, 2018 2409 Views 0 comment Print

Shrikant Mohta Vs CIT (Calcutta High Court) When search operations are conducted under Section 132 of the Act, the obligation of the assessee to file any return remains suspended till such time that a notice is issued for such purpose under Section 153A(1) (a) of the Act. If the return is filed by the assessee within the reasonable time […]

Jewellery cannot be treated as unexplained merely for continuance of sale jewellery for years

June 25, 2018 2085 Views 0 comment Print

The aforesaid appeal has been filed by the assessee against the impugned order dated 25.11.2014 passed by Ld. CIT (Appeals)-XXX, New Delhi for the quantum of assessment passed u/s.143(3)/153A for the Assessment Year 2011-12. In the grounds of appeal, the assessee has raised the following grounds.

Sustainability of Ad hoc disallowance of travelling & conveyance expenses

June 25, 2018 3384 Views 1 comment Print

Sh. Naresh Kumar Luhadia Vs DCIT (ITAT Jaipur) Full picture of how travelling expenses and conveyance expenses were being incurred by assessee was brought to the notice of AO in writing but AO, instead of appreciating facts and circumstances of the case, just made simple observation that assessee’s reply was very general in nature. There […]

Money received for issuing shares has to treated a capital receipt and cannot be taxed

June 25, 2018 3603 Views 0 comment Print

Challenging the order,dated 30/09/2016 CIT(A)- Mumbai-I the assessee has filed the present appeal.Assessee-Company,engaged in the business of manufacturing and selling of shaving products and systems,filed its original return of income on 30/11/2011 declaring total Loss at Rs.19.78 crores.The Assessing Officer (AO)completed assessment u/s. 143 (3) r.w.s. 92CA of the Act on 31/03/2016 determining income of the assessee at Rs.32,68,71,48,000/-

TP disputes on Comparables & Filter selection are not substantial question of law

June 25, 2018 6321 Views 0 comment Print

In transfer pricing disputes, comparability analysis and use of appropriate filters has been one of the most prevalent issues, especially for captive cost plus remuneration service providers.

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