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Archive: August, 2024

Posts in August, 2024

Water tax and water benefit tax leviable irrespective of actual consumption by owner: Bombay HC

August 31, 2024 1614 Views 0 comment Print

Bombay High Court held that ‘water tax’ u/s. 141(1)(a) (i) and water benefit tax u/s. 140(1)(a)(ii) of the Mumbai Municipal Corporation Act is leviable irrespective of the fact whether water is actually consumed by the owner/occupier or not.

Reassessment after expiry of four years unsustainable as material fact disclosed fully: Bombay HC

August 31, 2024 1059 Views 0 comment Print

Bombay High Court held that initiation of reopening of assessment after expiry of four years from the end of relevant assessment year without failure on part of the petitioner to disclose any material fact fully and truly is unsustainable in law.

Order u/s. 263 passed on issues not covered in show cause notice untenable: ITAT Delhi

August 31, 2024 984 Views 0 comment Print

ITAT Delhi held that order under section 263 of the Income Tax Act passed on the issues for which no show cause notice has been issued is unjustifiable and hence liable to be quashed.

Prepaid finance charges should be allowed in the year of payment instead of over Loan period

August 31, 2024 1701 Views 0 comment Print

AO noticed that the assessee in its computation of income claimed prepaid finance charges amounting to Rs.19,96,29,043/- and he asked to clarify or show-cause as to how the prepaid finance charges were allowable.

No demand of service tax as Venture Capital Trust was not a Juridical Person

August 31, 2024 510 Views 0 comment Print

Assessee was a venture capital trust. Institutional investors contribute money to the trust fund and the same was managed by an Investment Manager. An investigation was conducted by Anti-Evasion Unit of the Jurisdictional Commissionerate against assessee.

Ex-parte dismissal of appeal without discussing merits of the case unlawful: ITAT Ahmedabad

August 31, 2024 714 Views 0 comment Print

ITAT Ahmedabad held that ex-parte dismissal of appeal on account of non-appearance by CIT(A) without discussing the merits of the case is unsustainable in law. CIT(A) is obliged to dispose of appeal on merits.

Normal period will apply for reopening of assessment where escapement of income is below 50 Lakhs

August 31, 2024 2424 Views 0 comment Print

ITAT Mumbai held that normal period of limitation i.e. 3 years will apply in case of reopening of assessment where escapement of income was below Rs. 50 Lakhs and extended period of 10 years will apply only in case of concealment of income of Rs. 50 Lakhs or more.

Seizure of cash & silver bars recovered during GST search is not sustainable: SC

August 31, 2024 1605 Views 0 comment Print

The Supreme Court upheld the Delhi High Court ruling, declaring the GST seizure of cash and silver bars under Section 67 of the CGST Act illegal.

No re-assessment by AO u/s 147 in case of unprocessed original return

August 31, 2024 1191 Views 0 comment Print

Re-opening of assessment by AO was unjustified if the original return had not been processed by following the decision in case of Super Spinning Mills Ltd. vs Addl. CIT 37 DTR (Chennai) (T.M) (Trib).

When Advance Tax Is To Be Paid And If Not Paid By Due Date, What Is Consequence?

August 31, 2024 4203 Views 0 comment Print

Understand when to pay advance tax, the due dates, and the consequences of late payments, including interest charges under sections 234B and 234C.

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