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Archive: 29 October 2024

Posts in 29 October 2024

Non-disposal of application for registration u/s 12AA within six months didn’t result in “Deemed Registration”

October 29, 2024 552 Views 0 comment Print

Non-disposal of application for registration u/s 12AA(2) within a period of six months would not result in deemed grant of registration as Parliament had carefully and advisedly not provided for such deeming fiction.

Assessment order passed without serving notice under section 143(2) is liable to be quashed

October 29, 2024 3867 Views 0 comment Print

ITAT Mumbai held that passing of assessment order without mandatory service of notice under section 143(2) of the Income Tax Act is unjustified. Accordingly, assessment order being passed sans serving notice u/s 143(2) of the Act, is liable to be quashed.

Action u/s. 121 of I&B Code by creditor justified on failure to make payment as per repayment plan

October 29, 2024 297 Views 0 comment Print

NCLAT Chennai held that failure to make payment as per repayment plan grants liberty to the creditor to initiate action under section 121 of the Insolvency and Bankruptcy Code. Thus, action of creditors cannot be faulted.

CBDT notified ACIT/ DCIT as prescribed authority for issuance of notice u/s. 143(2): Delhi HC

October 29, 2024 1023 Views 0 comment Print

Delhi High Court held that CBDT vide notification dated 12.05.2022 and 28.05.2022 has authorised ACIT / DCIT to act as prescribed income-tax authority for the purpose of issuance of notice under section 143(2) of the Income Tax Act.

IFSCA (Market Infrastructure Institutions) (Amendment) Regulations, 2024

October 29, 2024 447 Views 0 comment Print

IFSC Authority updates Market Infrastructure Institutions Regulations, 2024, enhancing governance, key personnel roles, and trading hours in financial markets.

TP assessment by TPO proceeded on incorrect appreciation of nature of service hence matter restored back

October 29, 2024 237 Views 0 comment Print

ITAT Ahmedabad held that the TP assessment carried out by the TPO proceeded on the basis of incorrect appreciation of nature of services availed by the assessee from its AE. Thus, issue of determination of ALP of transactions with AE restored back to TPO.

Profit attribution to Permanent Establishment in India is fact based: Delhi HC

October 29, 2024 504 Views 0 comment Print

The power to reassess can be invoked only on the basis of material that may be pertinent to a particular AY, that principle would pale into insignificance where the assessee fails to assert a change or a fundamental alteration of the facts which are asserted to have remained unaltered.

60% depreciation was allowable on printers and routers as same formed part of an Integrated System with Computers

October 29, 2024 594 Views 0 comment Print

Assessee was engaged in business activities requiring the use of Information Technology ( IT ) equipment, claimed depreciation at the rate of 60% on certain computer peripherals like printers, routers, and similar devices while computing its income.

No TDS liability u/s 195 on sales commission paid to overseas subsidiary for non-technical services as same was not ‘FTS’

October 29, 2024 867 Views 0 comment Print

Sales and marketing services rendered to assessee by its US based subsidiary did not fall within the ambit of FTS as defined u/s 9(1)(vi) or Article 12 of India-US DTAA as  making available service did not make available knowledge, experience, skill etc.

No tax claims should be accepted by RP after lapse of extended period of 90 days of Insolvency commencement date

October 29, 2024 396 Views 0 comment Print

During the moratorium, tax assessment proceedings were initiated by CIT (appellant) against the corporate debtor. An order for the assessment year 2018-19 was passed on March 31, 2022.

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