Judgements and Orders, Supreme Court and High courts of India
The CESTAT, Ahmedabad in the case of M/s. Bright Engineering Works v. CCE & ST Daman and Surat [Excise Appeal No. 10493 of 2014 and Excise Appeal No. 12764 of 2019,dated December 15, 2022], set aside the order passed by the Revenue Department rejecti
No recovery of tax to be made during search, inspection or investigation unless it is voluntary
Bimal Jain 24 December 2022 at 11:44
The Hon'ble Delhi High Court in the case of M/s. Vallabh Textiles v. Senior Intelligence Officer and Ors (W.P.(C) No. 9834/2022 dated December 20, 2022) has held that, payment of tax made during the conduct of search cannot be considered as voluntary
Classification of service depends on essential character of service
Bimal Jain 22 December 2022 at 16:32
The Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad ("the Tribunal") in the case of M/s.Talala Taluka Sahakari Khand Udyog Mandali Limited v. Commissioner of Central Excise and Service Tax [Service Tax Appeal No. 10372 of 2012—DB] dated
Primary allegation cannot be added to the SCN by issuing Supplementary Notice
Bimal Jain 22 December 2022 at 16:32
The Hon'ble Delhi High Court ("the High Court") in the case of M/s.Usha Rani Girdhar v. Income Tax Officer [W.P. (C) 16090 of 2022]dated November 25, 2022, held that Assessing officer ("the AO") cannot add primary allegation in Notice by issuing Supp
Revenue Department has the discretion to allow/disallow redemption of prohibited hazardous waste
Bimal Jain 21 December 2022 at 17:22
The CESTAT, New Delhi in M/s Ayyan Energy Resources (P) Ltd. v. Commissioner [Customs Appeal No. 567 of 2011 dated December 6, 2022] upheld the order passed by the Revenue Department confiscating the waste oil and imposing the penalty on import of th
ICAI has suo moto powers to initiate disciplinary actions against CAs without written complaint
Bimal Jain 21 December 2022 at 17:22
The Hon'ble Delhi High Court in C.A. Sanjay Jain v. Institute of Chartered Accountants of India & Ors. [W.P.(C) 3372/2020, CM APPL. 11964/2020 dated December 16, 2022] has held that the Institute of Chartered Accountants of India ("ICAI") can exercis
Whether Domain registration fee received by GoDaddy is taxable as royalty
FCS Deepak Pratap Singh 21 December 2022 at 16:51
The ITAT ruled in favour of revenue on basis of a judgment delivered by the Apex Court in the case of Satyam Infoway Ltd. v. Siffynet Solutions (P.) Ltd. AIR 2004 SC 3540.
Whether repayment of loan in case attracts penalty u/s 271E of IT Act 1961
FCS Deepak Pratap Singh 21 December 2022 at 16:51
Whether the repayment of loan in cash in contravention of the provisions of section 269T of the Income Tax Act 1961 will attracts Penalty u/s 271E of the Income Tax Act, 1961?"
Once allotment has made u/s 67(3) it is a private placement
FCS Deepak Pratap Singh 20 December 2022 at 16:29
Once allotment is made to less than fifty allottees by way of private allotment the first proviso to Section 67(3) clearly makes it a private issue and not a public issue.
Whether High Court erred in holding that newly registered Trust was entitled for registration under Section 12AA of Income Tax Act, 1961 Act on basis of its objects, without any activity having been undertaken?
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