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Archive: 16 October 2024

Posts in 16 October 2024

Capital gain not taxable in India since holding of foreign company is less than 10%: ITAT Mumbai

October 16, 2024 426 Views 0 comment Print

ITAT Mumbai held that capital gain arising out of sale of shares not taxable in the hands of foreign company since holding is less than 10% hence Article 14(4) of DTAA between India and Spain cannot be applied.

Initiation of prosecution u/s. 276B unjustified as TDS amount already paid with interest: Kerala HC

October 16, 2024 1047 Views 0 comment Print

Kerala High Court held that TDS never deducted and entire amount of TDS was paid along with penal interest hence initiation of prosecution under section 276B of the Income Tax Act unjustified. Accordingly, all the proceedings quashed.

CBIC Issues Guidelines for Bhutan FSSAI Agreement

October 16, 2024 222 Views 0 comment Print

CBIC’s Instruction No. 22/2024 outlines compliance measures for the FSSAI and Bhutan Food Authority agreement on food imports to India.

Retrospective issuance of certificates of origin under India-UAE CEPA

October 16, 2024 849 Views 0 comment Print

CBIC’s Instruction No. 21/2024 clarifies rules on retrospectively issued Certificates of Origin under India-UAE CEPA, addressing trade implementation challenges.

Karnataka HC Guidelines on Release of Seized Property U/S 451 & 457 of CrPC

October 16, 2024 1098 Views 0 comment Print

Karnataka High Court sets guidelines for Magistrates on releasing seized properties under Sections 451 and 457 CrPC during criminal investigations.

Assessee failed to provide adequate evidence: ITAT Remands Case for Fresh Examination  

October 16, 2024 315 Views 0 comment Print

The ITAT Mumbai remands the case of Ashok Ghelabhai Patel for fresh examination after the assessee failed to provide adequate evidence for claimed expenses.

No Section 271(1)(c) penalty on estimated addition of alleged bogus purchases

October 16, 2024 885 Views 0 comment Print

ITAT Mumbai quashes penalty under Section 271(1)(c) for Vijay Jewellers, citing estimated additions for bogus purchases. No concealment or inaccurate details found.

Injustice Done In Dr GN Saibaba Case Is Most Atrocious For Which Both State and Judiciary are Culpable

October 16, 2024 783 Views 0 comment Print

Dr GN Saibaba’s death highlights misuse of anti-terror laws and the need for accountability in wrongful convictions and false implications by the state.

HC Remands Case to ITAT on Exchange Rate Loss for Assets Acquired in India Under Sections 43A & 37(1)

October 16, 2024 243 Views 0 comment Print

Portion attributable to utilisation for import of assets into India must be capitalised under Section 43A, while the portion attributable to utilisation for acquiring assets from within India must be treated as revenue expenditure under Section 37(1) of the Act.

Benefit cannot be denied on the ground of non-functionality of TRACES Portal: Madhya Pradesh HC

October 16, 2024 477 Views 0 comment Print

Madhya Pradesh High Court held that the non-functionality of the TRACES Portal shall not be grounds for denying the benefit arising out of the statutory provision under the Income Tax Act.

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