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Archive: May, 2024

Posts in May, 2024

Section 40(a)(ia) Disallowance Unjustified if AO failed to Establish Section 194C Applicability

May 25, 2024 3495 Views 0 comment Print

Assessing Officer has nowhere determined as to how Section 194C is applicable on payments made by assessee. Unless a charge is being determined, disallowance under section 40(a)(ia) cannot be made.

Service tax not applicable on space provided on bus roofs for parcel transport

May 25, 2024 516 Views 0 comment Print

Delhi CESTAT rules that service tax is payable on space provided on bus roofs for parcels, not on goods transport services. Exemption under Notification No.25/2012 applies.

IBC Section 14 Moratorium Applies Only to Corporate Debtor, Not to Directors Liability

May 25, 2024 495 Views 0 comment Print

Regarding Section 14 of the IBC, court clarified that moratorium only applies to corporate debtor, not to natural persons like directors for their vicarious liability.

HC Mandates CBDT to Allow CG Power to File Revised Returns Based on Recast Financials

May 25, 2024 606 Views 0 comment Print

Bombay High Court deems CBDT’s refusal to condone delay in filing revised ITR by CG Power post-NCLT order unreasonable. Detailed analysis of the case.

AP HC Dismisses Revision Petition Challenging Property Tax Receipt on plain paper

May 25, 2024 216 Views 0 comment Print

Read the detailed analysis of P. Venkatrayulu Vs Commissioner and Others, where Andhra Pradesh High Court dismisses revision petition against a property tax receipt.

GST Assessment Order Invalid if Reply to Notice Ignored: Madras HC

May 25, 2024 13695 Views 0 comment Print

Madras High Court rules GST assessment invalid if assessee’s reply to notice in Form GST ASMT-10 is not considered. Detailed analysis of the case.

Improper service of Section 148 notice renders assessment order invalid

May 25, 2024 5841 Views 0 comment Print

ITAT concluded that the service of notice under Section 148 was improper and did not meet statutory requirements. Consequently, the reopening of the assessment was deemed invalid, and the assessment order was quashed as void ab initio.

HC set aside Section 132(1) action due to lack of valid reason to believe

May 25, 2024 588 Views 0 comment Print

Bombay High Court rules IT search under Section 132 invalid if authorization is based on irrelevant and unrelated material. Detailed case analysis inside.

Delhi HC upholds Validity of Arbitration Clause in Hyperlinked Terms & Conditions

May 25, 2024 213 Views 0 comment Print

Delhi High Court validates arbitration clause in hyperlinked terms and conditions, emphasizing their enforceability in online agreements and digital transactions.

ITAT Mumbai Confirms Applicability of Section 50C for Short-Term Capital Gains on Land Transfer

May 25, 2024 11517 Views 0 comment Print

ITAT Mumbai confirms ₹1.45 crore short-term capital gains addition under Section 50C for land transfer, rejecting the taxpayer’s claim of purchase on behalf of a company.

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