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Judiciary

GSTN: 1200 employees but no HR Policy: Balance Sheet Available only till 2013-14

February 21, 2018 21480 Views 0 comment Print

HR Policy had not been finalized, the detailed norms including delegation of powers for discharge of GSTN functions was under preparation, the rules/regulations and manual etc. to be used by its employees for discharging their functions was also under preparation, the annual statement of accounts and balance sheet was available till the period 2013-2014 only and that it was reflected that on completion of manual, rules and regulations, recruitment etc.

No disallowance for commission paid to director which already been show in his ITR by Director

February 21, 2018 1650 Views 0 comment Print

M/s. Kshitij Interiors Pvt. Ltd. Vs. DCIT (ITAT Mumbai) From the record we found that commission was paid to Mr. Bhawarlal Sharma, whole time Director of the Company, for the services rendered by him to the Company. The Director has rendered technical services to the assessee company. The commission so paid is for the services […]

Media Monitoring Services cannot be taxed as Business Auxiliary Service

February 21, 2018 711 Views 0 comment Print

CST Vs. M/s IPAN (CESTAT Delhi) The Revenue contends that various ‘media monitoring services’, arranging press conference, interviews, education workshop, contact programme, etc. will directly or indirectly have relationship to the enhancement of sales and promotion of the product/services of the client. We are not convinced with such reasoning proposed in the appeal. It is […]

Addition for Bogus Purchase cannot be made merely based on information received from Sales Tax Department

February 21, 2018 3375 Views 0 comment Print

The assessee further contended that additions cannot be made towards purchases merely on the basis of third party information ignoring the evidences filed to justify purchases. The assessee further contended before the lower authorities that the assessing officer neither pointed out any error or discrepancy in the books of account nor did make out any case of sales made outside the books of account.

Notice U/s. 148 invalid if AO not issued notice U/s. 143(2)

February 21, 2018 8937 Views 0 comment Print

Pr. CIT Vs. Paramount Biotech Industries Ltd. (Delhi High Court) The proposal to reopen an assessment under section 147 of the Act is to be based on reasons to be recorded by the assessing officer. Such reasons have to be communicated to the assessee. However, merely because the assessee participates in the proceedings pursuant to […]

CIT(A) cannot cancel order U/s. 127 transferring jurisdiction from one AO to another

February 21, 2018 4260 Views 0 comment Print

DCIT  Vs Shri Subhash Gandhi (ITAT Amritsar) An order passed u/s 127 of the Act is not appealable before the Ld. CIT(A). Since the first appellate authority has no jurisdiction to decide the validity or otherwise of an order passed u/s 127, transferring the jurisdiction from one Assessing Officer (AO) to another, it is, but, […]

Order of Chennai High Court in the matter of Use of Trademark ‘ICAI’

February 20, 2018 1122 Views 0 comment Print

V. Venkata Siva Kumar Vs Institute of Cost Accountants of India (Madras High Court) The petitioner seeks for a mandamus directing the first respondent to strictly comply with Sec 2(2) of Cost and Works Accountants Act 1959 as amended and desist from encroaching into the domains earmarked for the third respondent (Chartered Accountants) and further […]

Unless a cause of action arises to petitioner, questions raised cannot be determined

February 20, 2018 1284 Views 0 comment Print

M/s Global Agency Vs General Manger & Ors (Karnataka High Court)  Unless a cause of action arises to the petitioner-assessee by an impugned action notice or order by the Respondents-Department, the academic questions raised by the petitioner-assessee cannot be determined under Article 226 of the Constitution of India. The writ petition found to be premature […]

Remedy U/s. 264 could not be treated as regular remedy by passing regular remedy of appeals

February 20, 2018 2082 Views 2 comments Print

Remedy under section 264 could not be treated as regular remedy by passing regular remedy of appeals. Where assessee preferred petition under section 264 deliberately avoiding availing of regular remedy, it was rightly rejected and therefore, writ petition was to be dismissed.

HC finds no merit in Challenge to Reassessment Notice issued to Robert Vadra’s Firm

February 20, 2018 2154 Views 0 comment Print

Delhi High Court has refuses to set aside re-assessment notice U/s. 147/148 issued by Income Tax Department to the partnership firm Sky Light Hospitality, in which Robert Vadra is a partner, in connection with the DLF- Sky Light Hospitality land deal.

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