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Archive: 24 December 2024

Posts in 24 December 2024

TNMM appropriate method for determining Arm’s Length Price of management fees

December 24, 2024 642 Views 0 comment Print

ITAT Ahmedabad held that that the activities / services do not qualify as stewardship / shareholder activity. Further, assessee correctly determined Arm’s Length Price in respect of management fees by using Transaction Net Margin Method i.e. TNMM.

Allegation of bogus purchase without verification of books not justifiable: Kerala HC

December 24, 2024 948 Views 0 comment Print

The assessing authority, therefore, disallowed the deduction claimed by the appellant towards the purchase of paddy from the said persons and added this to the income declared by the appellant.

Where RP performed his duties in accordance with CoC, no adverse remarks could be passed by Adjudicating Authority against RP

December 24, 2024 321 Views 0 comment Print

RP could not be blamed for having breached the IBC for the CoC to have approved the resolution plan of Parth with requisite majority share which action was taken by the CoC in the exercise of its commercial wisdom.

Addition towards capital gain not sustained as assessee’s involvement in price rigging not proved

December 24, 2024 1200 Views 0 comment Print

The Investigation Wing had carried out investigation with regard to the price manipulations and generation of bogus long term capital gains in number of stocks, classified as penny stocks.

Orders passed mentioning old address of petitioner liable to be set aside: Kerala HC

December 24, 2024 417 Views 0 comment Print

Kerala High Court held that assessment and penalty order mentioning old address of the appellant are liable to be set aside as against the principles of natural justice. Accordingly, petitioner directed to immediately update his current address and e-mail ID.

Input tax credit admissible on telecommunication towers under CGST Act: Delhi HC

December 24, 2024 849 Views 1 comment Print

Delhi High Court held that telecommunication towers would not fall within the ambit of Section 17(5)(d) of the Central Goods and Services Tax Act. Thus, denial of input tax credit unsustainable in law.

Denial of exemption u/s. 11 by CPC in rectification petition not justified: ITAT Ahmedabad

December 24, 2024 375 Views 0 comment Print

ITAT Ahmedabad held that denial of exemption u/s. 11 by CPC in the rectification petition not justified since the same was allowed in earlier proceeding and it is settled position of law that debatable issues cannot be done in rectification proceedings.

Matter restored back since fact that grant of discount has no tax effect under CGST not considered

December 24, 2024 381 Views 0 comment Print

Kerala High Court remanded the matter back to Appellate Authority since fact that the grant of discount has no tax effect under CGST has not been considered. Accordingly, order quashed and restored back.

Singularly dismissal of each piece of evidence by CIT(A) not justified hence matter restored

December 24, 2024 213 Views 0 comment Print

ITAT Ahmedabad allowed revenue’s appeal by concluding that approach of CIT(A) in singularly dismissing each piece of evidence, we find, is totally incorrect. Accordingly, matter restored back to CIT(A) to adjudicate the matter of bogus accommodation entry afresh.

Deposit During Investigation or Audit to Count for Pre-Deposit in Customs Appeals

December 24, 2024 321 Views 0 comment Print

The CESTAT Ahmedabad ruling in RTI Spinners Vs C.C.- Mundra considers pre-deposit requirements under Section 129E of the Customs Act. Appeals remanded for further review.

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