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Archive: 05 May 2024

Posts in 05 May 2024

Reassessment cannot be based solely on reasons borrowed from other departments or reports

May 5, 2024 2001 Views 0 comment Print

In case of Balaji Mines And Minerals Pvt Ltd vs ACIT, Bombay High Court ruled that reassessment cannot be based solely on reasons borrowed from other departments or reports, such as Justice M.B. Shah Commission Report.

Navigating the Securitization of IP Assets in India

May 5, 2024 1155 Views 0 comment Print

Introduction Conventionally, the tangible assets are preferred as collaterals in financing businesses by the financial institutions. Over the period of time, these tangible assets’ value tends to depreciate. However, with the advancement in science and technology, intangible assets like intellectual property rights are becoming the way of financing many businesses around the world. Usually, the […]

ITAT Directs TPO/AO to Delete Adjustment on Export Commission Payment ALP

May 5, 2024 639 Views 0 comment Print

In the case of Honda Motorcycle & Scooter India Pvt Ltd vs. ACIT, ITAT Delhi directed the Transfer Pricing Officer (TPO) and Assessing Officer (AO) to delete the adjustment made on account of the arm’s length price (ALP) of export commission payment.

Time-Barred Section 153C Notice Renders Assessment Order Void: ITAT Chennai

May 5, 2024 2310 Views 0 comment Print

Chennai ITAT ruled that the notice issued by the Assessing Officer (AO) under section 153C of the Income Tax Act for the subject assessment year was barred by limitation and void ab initio

Time-Barred Appeal Requires Sufficient Cause for Condonation: ITAT Vishakhapatnam

May 5, 2024 855 Views 0 comment Print

Explore the case of Mahesh Gurram Vs ITO, where ITAT Vishakhapatnam dismisses the appeal as time barred due to insufficient cause for delay. Read the detailed analysis here.

Goods can’t be detained solely for lack of original invoice during transport

May 5, 2024 1569 Views 0 comment Print

Karnataka High Court ruled that goods can’t be detained solely for lack of original invoice during transport. Detailed analysis of the case & its implications.

ITAT Mumbai allows TDS credit despite income not being taxable in India

May 5, 2024 1020 Views 0 comment Print

Even if income of Non-resident on which tax is deducted, is not taxable in India, credit is to be given for TDS on such income and excess TDS is to refunded to taxpayer.

GST: Delhi HC quashes Vague Show Cause Notice Lacking Details

May 5, 2024 2982 Views 0 comment Print

Delhi High Court quashes a defective Show Cause Notice on GST demand, ruling it vague and lacking details. Detailed analysis and implications provided.

Delhi HC directs Re-Adjudication Due to Failure to Attend SCN Hearing Following Husband’s Death

May 5, 2024 354 Views 0 comment Print

Delhi High Court orders re-adjudication in the Anita Bansal Vs Union of India case due to the petitioner’s inability to attend the hearing regarding Input Tax Credit (ITC) following her husband’s death.

Anyone outside India to avail CENVAT credit: CESTAT Hyderabad

May 5, 2024 420 Views 0 comment Print

CENVAT Credit Rules, 2004 or CENVAT Credit Rules, 2002 are framed under Central Excise Act, 1944. This Act applies to whole of India but not beyond. When Central Excise Act itself does not extend outside India, neither will CENVAT Credit Rules. Therefore, it is impossible for anyone outside India to avail benefit of CENVAT credit.

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