Sunday, 26 October 2014

ITAT denied sec. 10(23B) relief to assessee as it failed to produce exemption certificate for impugn

IT: If assessee does not have exemption certificate for a particular assessment year, benefit of exemption under section 10(23B) for that year cannot be granted to assessee


No denial of reassessment due to time constraint if it was made in consequence of finding/direction

IT : Where by an order any income is excluded from total income of an assessee for an assessment year, then assessment of such income for another assessment year shall be deemed to be made in consequence of any finding or direction contained in said order


HC remands penalty proceedings as main proceedings were pending for adjudication before ITAT

IT : Matter remanded to decide issue of penalty under section 271AAA since quantum appeal was pending consideration before Tribunal


Fee from marketing services was business profit as presence of NR's employees in India constituted s

IT/ILT : Marketing and management fee received by assessee on account of services outside India was not in nature of fees for technical services article 12 and should be charged to tax as per article 7 on net basis assessee did not make available its expertise and technical knowledge


Interest couldn’t be demanded beyond 1 year of relevant date if differential duty was shown in ER-1

ST : Where differential duty arising on differential price-rise was shown in ER-1 returns filed with department, department can demand interest thereon only within 1 year from relevant date and cannot invoke extended period


HC denied arbitral proceedings against liquidating Co.; directs applicant to lodge its claim with li

CL : Where applicant sought for initiation of arbitration proceedings for repayment of its dues from respondent company in liquidation, applicant was not granted leave to proceed with arbitration and was permitted to lodge its claim with Official Liquidator