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Archive: 17 August 2024

Posts in 17 August 2024

Avoidance application timelines under IBC Regulation 35A is not mandatory: Delhi HC

August 17, 2024 1554 Views 0 comment Print

Delhi High Court held that timelines under Regulation 35A of the CIRP Regulations, 2016 for filing avoidance application are directory and not mandatory in nature.

Settlement Consideration Taxable as ‘Capital Gains’: Delhi HC

August 17, 2024 1767 Views 0 comment Print

Delhi HC held that the settlement consideration as received was liable to be recognized as capital gains and the same couldn’t possibly or justifiably be placed in the category of ‘profit in lieu of salary’.

Kerala SGST Circular on KITIS Return Filing Process

August 17, 2024 486 Views 0 comment Print

Kerala SGST mandates return filing via KITIS with electronic verification; new rules apply to KVAT, KGST, and CST Acts from August 2024.

Passing of Section 148A(d) order based on fresh ground untenable: Delhi HC

August 17, 2024 2178 Views 0 comment Print

Delhi High Court held that passing of order by the revenue under section 148A(d) of the Income Tax Act on the basis of fresh ground which was never taken up with the assessee in the notice is untenable in law.

Section 68 Addition Justified Due to Unproven Genuineness & Creditworthiness: ITAT Ahmedabad

August 17, 2024 684 Views 0 comment Print

ITAT Ahmedabad held that genuineness of transaction, creditworthiness and identity of creditors not proved, hence addition u/s. 68 of the Income Tax Act towards unexplained credit duly sustained.

Advance tax payment provisions doesn’t apply to reassessment proceedings: ITAT Indore

August 17, 2024 810 Views 0 comment Print

ITAT Indore held that rejection of appeal by CIT(A) on the footing of non-payment of advance tax as required by section 249(4)(b) untenable as payment of advance tax is not applicable in case of reassessment proceedings.

Section 148 to notice NRI Without Mandatory Faceless Procedure Unsustainable: Telangana HC

August 17, 2024 1653 Views 0 comment Print

Telangana High Court held that notice issued u/s. 148 of the Income Tax Act must comply with the requirement of the Scheme whether or not the Taxpayer is NRI/Indian Citizen. Thus, issuance of notice to NRI u/s. 148 without following mandatory faceless procedure is set aside.

Comparison of Secured & Unsecured Loan Interest Rates Not Justified: ITAT Indore

August 17, 2024 639 Views 0 comment Print

ITAT Indore held that rate of interest on secured loan from banks cannot be compared with the rate of interest on unsecured loan. Accordingly, disallowance of interest u/s. 40A(2)(b) of the Income Tax Act deleted.

Addendum to Consultation Paper on Review of IFSCA (Fund Management) Regulations, 2022

August 17, 2024 252 Views 0 comment Print

IFSCA proposes adding third-party fund management services to its regulations, aiming to boost innovation and streamline fund operations in GIFT IFSC.

Bogus purchase addition cannot be based on superficial inquiry: Bombay HC

August 17, 2024 2712 Views 0 comment Print

Bombay High Court held that half-hearted approach on the part of AO to make additions on the issue of bogus purchase would not be conducive. Bogus purchase addition also cannot be on the basis of superficial inquiry.

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