Q : Whether the amounts paid by the ONGC to the non-resident assessees/foreign companies for providing various services in connection with prospecting, extraction or production of mineral oil is chargeable to tax as “fees for technical services” under Section 44D read with Explanation 2 to Section 9(1)(vii) of the Income Tax Act or will such payments… Read More »
Assessee couldn’t demand notice for increasing penalty when when he didn’t appear in proceedings Q Assessee did not appear before tribunal despite notice of revenue appeal . Can he claim that Tribunal should have issued another notice prior to enhancement of penalty ? Where assessee did not appear before Tribunal despite notice of revenue’s appeal, assessee cannot… Read More »
personal penalty on directors Q : Whether penalty can be imposed on directors, when issue involved is one of interpretation of law and there is no loss to the revenue ? Personal penalty under rule 26(1) of Central Excise Rules, 2002 cannot be imposed on directors, when issue involved is one of interpretation of law and entire situation… Read More »
Q : Whether daily wage earner can be an authorised agent of assessee ? Whether the service of order to the daily wage earner is valid ? Daily wager Kitchen boy cannot be said to be an authorised agent of assessee; hence, service of adjudication order on him is not a valid service as per… Read More »
High Court power to review its own judgment Q: Whether High Court has inherent power to review its own judgment ? OR Q Whether only those provisions of the Civil Procedure Code could be looked into for the purposes of Section 260A as were relevant to the disposal of appeals, and since the review provision contained… Read More »
Q: Can the Registration certificate be cancelled in the case of Bogus purchases ? Gujarat VAT – Where Assessing Authority cancelled registration certificates of assessee on ground that alleged purchases made by it from two dealers were bogus and not genuine and even assessee had indulged into billing activities only, registration certificates had been… Read More »
Q Whether Cheque issued against supply of material can be stopped for payment without proving that goods supplied were of inferior quality ? Negotiable Instruments Act : Where accused failed to prove that goods supplied by complainant were of inferior quality, accused was guilty of commission of offence under section 138 on dishonour of cheque issued… Read More »
Q; Whether Compounding fee is penalty and therefore not allowed as business expenditure ? Compounding fee paid by assessee, a land developer to Municipal Corporation on account of deviations from original sanctioned plan was in nature of penalty and therefore would not be allowable as deduction in view of provisions of Explanation to section 37(1) IN… Read More »
Question : Can the penalty be levied in section 271(1)(c) if the Assessee has disclosed all the facts ? Where there was complete disclosure of facts by assessee that an amount of Rs. 1.11 crore, which was received on account of a project not being fructified, was credited to partner’s capital account and assessee’s claim was… Read More »
There can be no “transfer” u/s 2(47)(v) of the Act read with sec 53A of the Transfer Of Property Act,1882 under an unregistered agreement in view of sub-section (1A) of section 17 of the Registration Act,1908 .Also, there is no transfer under the said provisions if possession is delivered to developer in his capacity as… Read More »