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Archive: 09 November 2024

Posts in 09 November 2024

Payment by Google Ireland not in nature of royalty is not taxable in India: ITAT Bangalore

November 9, 2024 567 Views 0 comment Print

ITAT Bangalore held that payments made by [Google Ireland Limited] GIL towards Adwords program is not in the nature of royalty or FTS [Fees for Technical Service] and hence the same is not taxable in India.

Issuance of notice to dead person unjustified since entire estate taken over by official assignee: Madras HC

November 9, 2024 579 Views 0 comment Print

Madras High Court held that issuance of notice in the name of assessee unjustified as Official Assignee has taken charge of the entire estate of the original assessee. Once the assets are taken over by official assignee the notice issued to dead person is non est in law.

AO not permitted to take different stand on same issue over different years: ITAT Chennai

November 9, 2024 2358 Views 0 comment Print

ITAT Chennai held that an AO is not permitted to take different stand on the same issue and same set of facts over different years. Thus, exemption u/s. 11 granted in spite of the fact that return was filed using ITR-6.

No jurisdiction under Article 226 as non-compliance with principles of natural justice not substantiated

November 9, 2024 387 Views 0 comment Print

Patna High Court held that invocation of extraordinary jurisdiction under Article 226 of the Constitution of India unjustified as lack of jurisdiction and the absence of compliance with principles of natural justice have been merely raised but not substantiated.

Dismissal of appeal merely because appeal was filed manually instead of e-filing unjustified: ITAT Ahmedabad

November 9, 2024 240 Views 0 comment Print

ITAT Ahmedabad held that dismissal of appeal by CIT(A) on technical/ procedural aspect merely because the appeal was filed manually instead of e-filing unjustified as assessee was not given an opportunity to cure the defect. Accordingly, appeal restored back.

Deduction u/s. 54EC admissible as nexus between advance from sale of property and investment in NHAI bonds established

November 9, 2024 558 Views 0 comment Print

ITAT Ahmedabad held that benefit of deduction under section 54EC of the Income Tax Act allowed since nexus between advance received towards sale of property and investment made in NHAI bonds established.

Appeal dismissed as tax effect below monetary limit as specified by CBDT: ITAT Kolkata

November 9, 2024 330 Views 0 comment Print

ITAT Kolkata dismissed the appeal preferred by the revenue since tax effect is below the threshold specified by CBDT vide circular no. 5 of 2004 dated 15.03.2024 and also the case doesn’t fall under any exception as per CBDT circular.

Action of AO based on High Court decision not erroneous hence jurisdiction u/s. 263 unjustified

November 9, 2024 402 Views 0 comment Print

ITAT Chennai held that action of AO based on jurisdictional High Court decision as prevalent on the specified time, which was later on reversed by the Supreme Court, cannot be held to be erroneous and prejudicial to the interest of revenue.

Madras HC directs Dept to hear GTS appeal on merits Despite Delayed filing

November 9, 2024 537 Views 0 comment Print

Madras High Court orders Department to review appeal by Sri Shanmuga Motors, filed beyond condonable period, on its merits, disregarding limitation issues.

From Dormancy to Dominance: Analysis of Section 245 of Companies Act

November 9, 2024 663 Views 0 comment Print

Explore impact of Section 245 of Companies Act on class action suits in India, analyzing recent cases, legal frameworks, and rise in shareholder rights and protections.

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