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Archive: 28 December 2024

Posts in 28 December 2024

Simultaneous trial of distinguishable offence in PMLA and IPC not accepted: Madras HC

December 28, 2024 147 Views 0 comment Print

Madras High Court held that request for simultaneous trial both in PMLA and in predicate offence registered under IPC not accepted since both the offence are distinguishable and not connected with each other.

Disallowance u/s. 14A to be restricted to dividend yielding investments

December 28, 2024 309 Views 0 comment Print

ITAT Kolkata held that the disallowance u/s 14A of the Income Tax Act, read with Rule 8D of the Income Tax Rules should be restricted to the dividend yielding investments. Accordingly, AO directed to re-compute disallowance.

Supply of helicopters without transfer of right to use not exigible to tax u/s. 2(g)(vi) of CST

December 28, 2024 114 Views 0 comment Print

Delhi High Court held that supply of helicopters to Andaman and Nicobar Islands Administration without transfer of right to use not exigible to tax under section 2(g)(vi) of the Central Sales Tax Act, 1956 [CST Act].

No proper service and opportunity before CIT(A): ITAT remand matter to CIT(A)

December 28, 2024 381 Views 0 comment Print

In the case abovementioned ITAT Ahmedabad remanded the matter to CIT (A) after considering that assessee could not file evidence before CIT (A)  in lack of service of notices.

Refund due AY 2016-17 can not be adjusted against demand for AY 2015-16 if appeal is pending before tribunal-Kerala HC

December 28, 2024 444 Views 0 comment Print

In a recent ruling Hon’ble Kerala HC have held that refund due to the petitioner for the year 2016-17 could not have been adjusted against the demand for 2015-16 when there was a stay on account of the provisions contained in Section 60 (1A) of the KVAT Act.

Levy of IGST on ocean freight unconstitutional: Delhi HC

December 28, 2024 144 Views 0 comment Print

Delhi High Court held that levy of Integrated Goods and Services Tax (IGST) on ocean freight is unconstitutional. Accordingly, directed department to refund service tax paid on ocean freight during April to June 2017.

Reassessment is invalid when assessment is pending: Madras HC

December 28, 2024 285 Views 0 comment Print

Return for AY 2002-03 was filed on 30.10.2002 and an intimation under Section 143(1) was issued on 19.12.2003. A Revised return was filed on 23.03.2004 for which notice u/s 143 (2) can be issued up to 31.03.2005. AO issued notice u/s 148 on 09.07.2004.

Order confirming penalty u/s. 129(1) of CGST Act without granting hearing not justified

December 28, 2024 186 Views 0 comment Print

The present writ petition is filed challenging the impugned order dated 09.11.2024 whereby the petitioner was directed to pay penalty of Rs.6, 18,656/- as proposed in GST MOV 07 under Section 129(1)A of the CGST Act.

Section 275(1A) empowers AO to enhance or reduce penalty based on order passed by higher authority

December 28, 2024 297 Views 0 comment Print

ITAT Ahmedabad held that section 275(1A) of the Income Tax Act empowers AO to pass penalty order by enhancing or reducing penalty on the basis of assessment as revised by giving effect to orders passed by appellate authority or courts.

Income of beneficiaries cannot be treated as income in hands of trust: ITAT Ahmedabad

December 28, 2024 288 Views 0 comment Print

ITAT Ahmedabad held that the income of beneficiaries of trust cannot be treated as income in the hands of the trust. Accordingly, disallowance under section 143(1) of the Income Tax Act not justified.

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