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Archive: 22 March 2024

Posts in 22 March 2024

Andhra Pradesh HC Denies Police Custody in Rs. 8 Crore GST Scam Case

March 22, 2024 423 Views 0 comment Print

Read the detailed judgment of Andhra Pradesh High Court dismissing a petition seeking police custody for a TDP leader’s son in an Rs. 8 crore GST-ITC scam case.

Section 263 Assessment: AO Obliged to Apply Mind & Pass Reasoned Order

March 22, 2024 1047 Views 0 comment Print

The computation of income by AO giving effect to CIT’s direction was an assessment order which was appealable. The order passed by CIT(A), therefore, holding the assessment order to be not appealable was incorrect in law.

Section 276CC Prosecution: Appellate Proceedings Irrelevant but Wilful Failure to Furnish Returns Must Exist

March 22, 2024 390 Views 0 comment Print

In Vinayagam Sabarisanthanakrishnan Vs ACIT, Madras HC clarifies that failure to file returns under Sec 139(1) is essential for prosecution under Sec 276CC of the Income Tax Act.

MCA imposes penalty on Maya Spintex Limited for Balance Sheet filing failure

March 22, 2024 222 Views 0 comment Print

Explore the penalty imposed on Maya Spintex Ltd by MCA for failure to file balance sheet returns. Details of violations, penalties, and implications covered in the order.

Receipt from hotel owners for providing various centralized services cannot be treated as FIS

March 22, 2024 246 Views 0 comment Print

ITAT Delhi held that revenue received from various hotel owners for providing various centralized services cannot be treated as fees for included services (FIS) either under Article 12(4)(a) or 12(4)(b) of the India-US tax treaty. Thus, in absence of PE in India, the same is not taxable.

ED Summons Cannot be Quashed Solely Due to Unspecified Documents: Delhi HC

March 22, 2024 420 Views 0 comment Print

Delhi High Court’s judgment on Talib Hassan Darvesh vs Directorate of Enforcement clarifies that ED summonses can’t be quashed merely for lack of document specification under PMLA.

Madras HC Allows Appeal before CIT(TDS) with 10% Pre-Deposit instead of 20%

March 22, 2024 336 Views 0 comment Print

In a case between Salem Urban Co-op Bank Ltd. and the Income Tax Officer, Madras High Court allows appeal, permitting waiver of 10% pre-deposit amid financial hardship.

Bihar Settlement of Taxation Disputes Act, 2024

March 22, 2024 852 Views 0 comment Print

Delve into the Bihar Settlement of Taxation Disputes Act, 2024, its implications, and settlement procedures. Learn about its scope, settlement amounts, and application process.

State Government Loans not attracts Section 43B(d) disallowance: ITAT Pune

March 22, 2024 318 Views 0 comment Print

In Tokai Sahakari Sakhar Karkhana Ltd vs ITO (ITAT Pune), ITAT rules that loan received from State Government is not subject to S.43B(d) of Income Tax Act, 1961. Full text analysis here.

Advance for Flats: Recognizing Revenue on Risk Transfer & Buyer’s Transfer Rights- ITAT

March 22, 2024 993 Views 0 comment Print

In the case of Cavalcade Properties Pvt. Ltd. vs. DCIT, ITAT mandates re-evaluation of advances against flat bookings, challenging revenue recognition methods.

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