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Addition for alleged suppression of production not sustainable on mere order of excise duty evasion for earlier years

December 20, 2015 865 Views 0 comment Print

ITAT Pune held In the case of M/s. Meta Rolls & Commodities Pvt. Ltd. vs. ACIT that in the instant assessment year i.e. 2010-11, there is no order of Commissioner of Central Excise and Customs and there is no evidence of any clandestine removal of goods without payment of Excise duty

Proceedings u/s 153C void ab initio, where AO of searched person failed to rebut presumption that seized document belongs to other person

December 20, 2015 990 Views 0 comment Print

ITAT Delhi held In the case of ACIT vs, M/s Amrapali Grand that before a notice under Section 153C can be issued two steps have to be taken. The first step is that the Assessing Officer of the person who is searched must arrive at a clear satisfaction that a document seized from him does not belong to him but to some other person.

No TDS U/s. 194C on finished goods supplied as per specification of Assessee

December 20, 2015 3143 Views 0 comment Print

Pfizer Ltd Vs ACIT (ITAT Mumbai) The CBDT had issued Circular No.681 dated 8th March 1984 providing that a contract undertaken to supply any article or goods according to the specifications given by any person

TDS U/s. 194J not applicable on roaming charges

December 20, 2015 1576 Views 0 comment Print

In the case of Vofafone East Ltd. Vs. Addl. CIT Kolkata Bench of ITAT observed the applicability of various provision of TDS where tax was not deducted on the roaming charges paid by the Appellant to its telecom operators.

CESTAT order to deposit duty after considering prima facie case, undue hardship and interest of Revenue is valid

December 19, 2015 865 Views 0 comment Print

In the case of Advance Netways Marketing Pvt. Ltd. Vs. CCE, Hon’ble Bombay High Court denied to interfere in the order of CESTAT who directed to deposit 50 % of total duty payable and 10 % out of penalty payable.

Defunct companies at the time of assessment have resurrected back to life after statutory compliances were fulfilled, addition u/s 68 sustained

December 19, 2015 615 Views 0 comment Print

In the case of ACIT Vs. Prem Castings Pvt. Ltd. ITAT, Delhi Bench reversed the order of CIT (A) who deleted addition of Rs. 3,46,00,000/- after relying upon the decision of Hon’ble SC in the case of Lovely Exports (216 CTR 195) in which it was held that once the assessee has produced documents regarding

TDS U/s.194I not deductible on lease premium paid to acquire land on lease with substantial right

December 19, 2015 6372 Views 0 comment Print

In the case of ACIT vs. OBC, Mumbai Bench of ITAT observed that the amount paid by the assessee bank (the lessee) to City Industrial Development Corporation (MMRDA) (Lessor) was in the nature of rent as defined u/s 194 I of the Act or not, which held yes by CIT (A).

Transfer Pricing: Captive unit bearing limited risk cannot be compared with a giant company having full fledged risk

December 19, 2015 2854 Views 0 comment Print

ITAT Delhi held In the case of Xchanging Technology Services India Private Limited. vs, DCIT that the Hon’ble High Court affirmed the conclusion that a captive unit of a comparable company which assumed only a limited risk cannot be compared with a giant company in the area of development

Free samples of medicines to medical practitioners not covered under gift, no disallowance u/s 37

December 19, 2015 2437 Views 0 comment Print

ITAT Delhi held In the case of Eli Lilly & Co. (India) Pvt. Ltd. vs, ACIT that a clear distinction has been made between the free samples, gifts, travel facilities, hospitality and cash or monetary grants. It would accordingly be incorrect to put samples in the definition of gifts being separately categorized

Registration u/s 12AA not to be denied to a trust not having any formal deed of trust, even oral deed may suffice

December 19, 2015 4783 Views 0 comment Print

ITAT Delhi held In the case of Tsurphu Labrang vs. DIT (Exemptions) that Rule 17A itself provides that it is not necessary that the Institution/Trust should be established under an instrument. The Rule 17A does not prescribe that in case the Institution/Trust

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