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Judiciary

ITAT Confirms Penalty for not attending SCN related to Undisclosed Swiss Bank A/C

July 24, 2017 1251 Views 0 comment Print

The facts about the Bank Accounts and other circumstances are in the exclusive knowledge of the assessee and non co-operation leads to derailment of It is the duty of every assessee to duly respond to statutory notices failing which the law provides imposition of penalty u/s 271(1)(b) of Rs. 10,000/- each default. In this case, assesse’s non- compliance of statutory notice is for more than 3 times in each A. Y.

No Penalty- When deeming provisions are applied for assessing income

July 24, 2017 5919 Views 0 comment Print

Hon’ble Allahabad High Court has in the case of Hariom Steels Pvt Ltd has held that penalty cannot be levied when deeming provisions are applied for assessing income.

Not asked Jethmalani to use objectionable words For Jaitley: Kejriwal

July 24, 2017 1446 Views 0 comment Print

Extract of Reply Submitted by Delhi Chief Minister Arvind Kejriwal in Delhi High Court in which he stated that  he never asked senior advocate Mr. Ram Jethmalani to pose objectionable questions to Mr. Arun Jaitley or use objectionable words while recording of evidence in the Rs. 10-crore defamation suit initiated by Mr. Arun Jaitley.

Order Continuing Anti-Dumping duty made After Expiry of Duty Period is Invalid: SC

July 23, 2017 2295 Views 0 comment Print

Before the High court, the petitioners, M/S. Kumho Petrochemicals Company Limited And Another, made two submissions. Firstly, the order of continuation of anti-dumping duty, made after expiry of the duty period, is bad in law. Secondly, the initiation of the anti-dumping duty investigation was also bad in law on the ground that public notice of initiation was not published in the Official Gazette before January 01, 2014, i.e., before the expiry of the anti-dumping duty at the end of five years period.

Income tax dept cannot determine annual rent value on notional basis unless there is established fraud, collusion etc.

July 23, 2017 2220 Views 0 comment Print

Law does not permit the revenue to reject the amount determined as rent or license fees by the assesse on mere doubt or suspicion. There has to be cogent and satisfactory material to indicate that the rent or fees determined by the parties are not indicative of the fair or market rent.

Legal Services continued to be governed by reverse charge mechanism in GST: Delhi HC

July 19, 2017 2856 Views 0 comment Print

On Further hearing in the case of J K Mittal & Company Vs. Union Of India & Ors. on 18th July 2017, Delhi High Court has held that till further orders, all legal services provided by advocates, law firms of advocates, or LLPs of advocates will be continued to be governed by the reverse charge […]

Allowing more time to deposit Old Notes would lead to illegal trading of these SBNs

July 19, 2017 3327 Views 0 comment Print

In a new affidavit filed before Supreme Court on 17th July 2017 Central Government  made it clear that it cannot give more time to deposit old currency notes, as  in case a fresh opportunity is offered for exchange of SBNs, it would lead to rampant illegal trading of these SBNs (that is, the SBNs being […]

Government Subsidy: Whether Of Revenue Or Capital In Nature?

July 19, 2017 11037 Views 0 comment Print

Whether the ITAT was correct in law in holding that the amount received by the assessee by way of exemption of sales tax payments was not a trading receipt but was a capital receipt, hence not liable to tax?

Mere Rejection of a Claim would not attract Penalty

July 17, 2017 1563 Views 0 comment Print

The Department further initiated penalty proceedings against the assessee under section 271(1)(c) of the Income Tax Act on ground that the assessee failed to offer explanation for making such a claim. It was noted that once the claim was rejected the onus was on the assessee to dislodge the revertible presumption of the claim of concealment of income. However, the tribunal deleted penalty by holding that merely because the claim is not accepted would not give rise to penalty proceedings. The Tribunal noted that the assessee had made a legal claim in a transparent manner. Whether such a claim is acceptable or not, is altogether a different matter, it said.

Foreign Business Tour by Non-Employee Director/Shareholder of Company not taxable as Perquisite

July 17, 2017 3735 Views 0 comment Print

Assessee was a non-employee director and share holder in the company and no salary or director’s fees was paid to her by the company during the year under consideration.

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