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Judiciary

Penalty under excise Rules cannot be imposed merely for mere non-filing of separate appeal by Managing Partner

June 8, 2018 1941 Views 0 comment Print

M/s. Rajhans Enterprises Vs Commissioner of Central Tax (CESTAT Bangalore) Commissioner (A) has allowed the appeal of the firm and set aside the duty demand and the penalty; however, penalty under Rule 26 of the Central Excise Rules, 2002 imposed on the Managing Partner of the appellant-firm was upheld on the ground that no separate […]

TP: Provision for bad & doubtful debt & bad debts written off are operating expenses

June 8, 2018 13194 Views 0 comment Print

Hyundai Motor India appeal: Including bad debts and provision for bad and doubtful debts as operating expenses is necessary for the purpose of computing profit and loss of comparable companies, the margins of comparable companies

Release goods detained on compliance of GST Rules: HC

June 8, 2018 1401 Views 0 comment Print

Berger Paints India Ltd. Vs Assistant State Tax Officer (Kerala High Court) Writ petition is disposed of directing the competent authority to complete the adjudication provided for under Section 129 of the statutes referred to above, within a week from the date of production of a copy of the judgment. It is also directed that […]

Section 54F deduction not available on construction work prior to transfer of property

June 7, 2018 9177 Views 1 comment Print

What sub­section (1) of Section 54 of the Act requires is that the assessee, after the date of transfer, purchases or within three years after such date, constructs a residential unit, only then the benefit of deduction would be granted. This provision, therefore, provides that construction of the residential unit should be done after the date of transfer but, within three years from such date.

CESTAT on inclusion of value of cotton and waste, for determining entitlement for DTA clearance

June 7, 2018 777 Views 0 comment Print

The SCN dated 01.12.2006 had also proposed demand of duty on the cotton waste which stands cleared by the appellant in the DTA. The SCN also proposed including the value of such cotton waste for re-determining the DTA entitlement. But the adjudicating authority dropped the demand of duty on cotton waste. Against such finding, Revenue is in appeal before us.

Deduction U/s. 80IA not eligible to contractor on Income from maintenance work of Electricity Company

June 7, 2018 1572 Views 0 comment Print

This appeal by the assessee is directed against the order passed by the Income Tax Appellate Tribunal in ITA.No.1496/Mds/2005 dated 19.12.2007 for the assessment year 2002-03. The above tax case appeal has been admitted on the following substantial questions of law

Non-prosecution of appeal on account of tax effect involved being less than prescribed monetary limit

June 7, 2018 825 Views 0 comment Print

The learnedCounsel for the Appellant submits that the tax effect involved in the present appeal is less than Rs.20 lakhs and as per the CBDT Circular No.21 of 2015 dated 10th December, 2015, the Department has taken a policy decision not to prosecute the appeals wherein the tax effect is less than Rs.20 lakhs.

Disallowance cannot be made by mere intimation U/s. 143(1)(a)

June 7, 2018 8748 Views 0 comment Print

Bajaj Auto Finance Ltd. Vs CIT (Bombay High Court) While mere making of provision for bad debts will not by itself (on application of amended law) entitle the party to deduction, yet it would be a matter where the assessee should be given an  opportunity to establish its claim. This by producing its evidence of the manner in which it […]

ALP Adjustment of International Transaction Restricted to AEs

June 6, 2018 3384 Views 0 comment Print

Adjustment on account of arm’s length price (ALP) of international transaction is restricted only to the extent of international transaction with associated enterprises (AE).

Reopening by Reappraisal of Material Available on record During Original Assessment Proceedings is invalid

June 6, 2018 867 Views 0 comment Print

Re–Appreciation / Reappraisal Of The Material Available On Record During The Original Assessment Proceedings: Reopening Of Assessment By Forming Of Opinion That Income Has Escaped Assessment By AO, Not Allowable:

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