Since assessee had deliberately not avoided TDS and there was no contumacious conduct on the part of the assessee, therefore, penalty was not leviable for not deducting TDS on foreign remittances.
Bombay High Court held that one cannot tax the amount having not accrued and not been received by the assessee on an assumption and presumption that in the future, the Small Causes Court will at least order the said sum in favour of the Appellant.
Kerala High Court held that Held that the limitation prescribed u/s. 17(D) of the Kerala General Sales Tax Act [KGST] would not be applicable to the facts of the present case as the high Court had set aside the original assessment and remanded the matter back to redo the assessment.
Kerala High Court held that filing an untrue or incorrect return in view of section 67(1)(d) of the Kerala Value Added Tax Act, 2003 [KVAT] assumes more rigour in the teeth of the onerous obligation, resulting in the imposition of a penalty. Accordingly, imposition of penalty justified.
Delhi High Court held that refund of accumulated Input Tax Credit (ITC) permissible as rate of taxes on certain inputs being higher than tax chargeable on the output supply.
ITAT Mumbai held that mere charging of guarantee fees for services by the assessee trust ipso facto is not sufficient to invoke the proviso to section 2(15) of the Income Tax Act, that too without establishing that the object and purpose of the assessee is profit motive.
Delhi High Court held that reassessment proceedings will be invalid where once a query is raised and answered by the assessee in original assessment proceedings but thereafter AO didnt made any addition in the assessment order.
ITAT Raipur restored the matter back to the file of AO in case of disallowance u/s. 40(a)(ia) of the Income Tax Act as the CA certificate submitted was not as per the prescribed form i.e. Form 26A. Post submission of CA certificate in prescribed form, disallowance u/s 40(a)(ia) will be vacated.
SEBI issues interpretative letter clarifying that mutual fund investments, including ETFs, aren’t permissible for Category III AIFs. Analysis and implications discussed.
Explore the latest changes to the Customs Act with Notification No. 91/2023-Customs (N.T.) issued by the Ministry of Finance. Learn about amended tariff values and effective dates