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Judiciary

Physical meeting of Commissioners not required u/s 86(2) of Finance Act, 1994

July 20, 2015 921 Views 0 comment Print

The Hon’ble High Court held that the Section 86(2) does not state as to the manner in which Committee of Commissioners have to arrive at a decision as to whether an appeal should be preferred against the order of Commissioner of Central Excise.

Additional Evidence under Rule 46A must be allowed for reasonable cause

July 19, 2015 4719 Views 0 comment Print

In the case of M/s ONS Creations Private Limited Vs. ITO, it was held by ITAT Delhi that if additional evidence can not be produced before AO for a reasonable cause by assessee, the CIT (A) must admit the additional evidences and assessee must be given an afresh opportunity of being heard.

Section 153C not applicable in absence of satisfaction recorded in the case of person searched that document belongs to the Assessee

July 19, 2015 1765 Views 0 comment Print

In the case of Ms. Meena Rani Vs. ACIT, It was held by ITAT Delhi that If no satisfaction note has been recorded in the records of the searched persons but in the records of the assessee, assessment cannot be done U/s 153C

Mere Value addition to Inputs does not amount to Manufacture – SC

July 19, 2015 2387 Views 0 comment Print

In the case of M/s. Maruti Suzuki India Ltd. vs. Commissioner of Central Excise, it was held by SC that a process that is only adding some value to the inputs does not necessarily amounts to manufacture. After processing of the inputs, a new and different article emerges having a distinct name, character or

Refund can be claimed by person other than Manufacturer in certain conditions – SC

July 19, 2015 1294 Views 0 comment Print

In the case of M/s. Oswal Chemicals & Fertilizers Ltd. Vs Commissioner of Central Excise, Bolpur, it was held that a person who is ultimately aggrieved with the payment of the duty and challenges the order successfully can seek the refund as per Rule 11B of the act.

Sec. 147 Reopening assessment for Verification of certain details not valid

July 18, 2015 1989 Views 0 comment Print

Clear language of section 147 of the IT Act reveals that if the Assessing Officer has reason to believe that any income has escaped assessment, then, he can resort to such power. While it is true, as Mr. Gupta argued

Letting out Commercial Property on composite rent is taxable as Business Income

July 18, 2015 2641 Views 1 comment Print

In the present case, the assessee was neither absolute owner nor had surplus capital. It was providing complex services. The assessee being partnership firm was having warehousing business and local trade license authorities have accepted the assessee’s firms business to carry out warehousing business.

The JV can’t be Termed as an Association and would not be Taxed Accordingly

July 18, 2015 1084 Views 0 comment Print

Delhi High Court in the case of CIT vs. M/s Oriental Structural Engineers Pvt. Ltd. held that the Joint Venture was not an Association of Persons and could not be taxed on that basis, where the JV was formed only to secure the contract

Advances made from Mixed Funds will be presumed as Utilization of it’s own Funds

July 18, 2015 967 Views 0 comment Print

The Delhi High Court in the case of held CIT vs. M/s. DD Industries Ltd. that when the assessee is possessed of mixed funds which include its own funds in sufficient quantity, a presumption that its own funds were utilized for the advances is to be drawn

Penalty Proceedings can’t be initiated in the Absence of Proper Investigation

July 18, 2015 970 Views 0 comment Print

Delhi High Court in the case of CIT vs. M/s Jain Export Private Ltd. held that, to initiate proceedings under Section 271(1)(c), it requires proper investigation and higher satisfaction of proof, which confirmed the basis for the initiation of necessary proceedings.

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