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Archive: December, 2024

Posts in December, 2024

GST: Non-production of relied upon documents Violates Natural Justice principles

December 9, 2024 3504 Views 0 comment Print

Allahabad High Court held that non-production of documents which were relied upon by the department amounts to violation of principles of natural justice. Accordingly, impugned order liable to be quashed.

Units allotted to commercial space buyers not to be excluded from CIRP of Corporate Debtor

December 9, 2024 1014 Views 0 comment Print

Thus, the prayer of the Appellant to exclude the commercial space from the Resolution Plan, could not have been accepted, nor any direction could have been issued for registration of Sale Deed.

Loss in derivative business is a business loss eligible to set off against business profit: Kerala HC

December 9, 2024 2169 Views 0 comment Print

Kerala High Court held that a loss in the derivative business is a business loss for the purposes of Section 72, and thus a set off of such business loss would have to be permitted against profits and gains of business.

Income Tax: No Section 201(1A) Interest if Lower Deduction adjusted in later months

December 9, 2024 1314 Views 0 comment Print

ITAT Mumbai held that levy of interest under section 201(1A) of the Income Tax Act for lower deduction of TDS not justified since the lower deduction in earlier months were due to bonafide reasons and the same was adjusted in later months.

Income Tax Appeal u/s 260A Dismissed for Lack of Perversity in Tribunal’s Finding: Allahabad HC

December 9, 2024 684 Views 0 comment Print

Allahabad High Court held that appeal u/s. 260A of the Income Tax Act is not sustainable since there is no perversity in finding of the Tribunal and accordingly there exists no substantial question of law. Accordingly, appeal dismissed.

Jurisdiction u/s. 153C impermissible as satisfaction of seized material belonging to assessee not fulfilled

December 9, 2024 789 Views 0 comment Print

Delhi High Court held that assuming jurisdiction under section 153C of the Income Tax Act impermissible unless it is satisfied that document / seized material belonged to the assessee. Thus, appeal dismissed.

Conditional bail granted to CHA involved in transport of drugs since already in custody for 3 years: Bombay HC

December 9, 2024 537 Views 0 comment Print

Bombay High Court granted conditional bail to Customs House Agent involved in transportation of drugs since applicant is already in custody for last 3 years and conclusion of trial in near future is a remote possibility.

Customs duty not leviable on personal jewellery having a used personal effect: Delhi HC

December 9, 2024 2187 Views 0 comment Print

Thus, personal jewellery which is not found to have been acquired on an overseas trip and was always a used personal effect of the passenger would not be subject to the monetary prescriptions incorporated in Rules 3 and 4 of the 2016 Rules.

Cost imposed as order issued u/s. 143(3) wrongly challenged assuming it as draft assessment order u/s. 144C

December 9, 2024 777 Views 0 comment Print

Delhi High Court held that order issued u/s. 143(3) of the Income Tax Act wrongly challenged on the assumption that it is draft assessment order u/s. 144C is untenable in law. Accordingly, cost of ₹1,00,000/- imposed on petitioner.

Disallowance u/s. 14A unjustified since own funds available more than investments made: ITAT Ahmedabad

December 9, 2024 834 Views 0 comment Print

Thus all the provisions relied upon by the Ld. AO would apply only in a case where an “asset” is “transferred” in the course of “amalgamation” by “transferor company” to the “transferee company” and would not apply when a particular “asset” is a “result” of amalgamation.

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