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Archive: December, 2024

Posts in December, 2024

Interest u/s. 28AA of Customs Act not leviable on person ineligible for benefit under FTP: Kerala HC

December 9, 2024 702 Views 0 comment Print

Kerala High Court held that person found ineligible for any benefit received under the terms of any scheme under the Foreign Trade Policy (FTP) is not liable to pay interest under section 28AA of the Customs Act, 1962.

Additional depreciation u/s. 32(1)(iia) admissible on process of compression of natural gas: ITAT Ahmedabad

December 9, 2024 792 Views 0 comment Print

PCIT was of the view that mere process of compression of natural gas cannot be considered to be a manufacturing activity for the purpose of claim of additional depreciation.

Protective addition deleted as income already included and tax paid by assessee’s wife: ITAT Delhi

December 9, 2024 717 Views 0 comment Print

ITAT Delhi held that protective addition in the hands of assessee deleted as substantial addition already made in the hands of the assessee’s wife and tax is already paid on the same. Accordingly, addition deleted.

Bail granted in issuance of fake GST invoice as accused already in custody for more than 7 months

December 9, 2024 903 Views 0 comment Print

Rajasthan High Court accepted bail application in the case of issuance of fake GST invoice since maximum punishment for the alleged offence is five years and accused has already suffered custody of more than seven months.

Delay in filing of Form BEN-2: MCA imposes Penalty

December 9, 2024 2394 Views 0 comment Print

Registrar of Companies imposes penalty on Atomy Enterprise India Pvt Ltd for non-compliance with Section 90 of Companies Act, 2013. Read the case details and analysis.

Gross receipts calculation for section 44AD includes duty drawback: ITAT Kolkata

December 9, 2024 1821 Views 0 comment Print

ITAT Kolkata held that duty drawback is part of gross receipts for the purpose of calculation of ‘gross receipts’ under the presumptive taxation as per section 44AD of the Income Tax Act. Thus, appeal allowed.

Addition u/s. 68 set aside as no allegation of assessee’s involvement in price rigging/ increase

December 9, 2024 996 Views 0 comment Print

ITAT Delhi held that merely because particular scrip is identified as penny stock it doesn’t mean all the transactions carried out in that scrip would be bogus. Addition, u/s. 68 deleted in absence of allegation of assessee being involved in any price rigging or price increase.

Luxury tax leviable on charges collected for provision of sophisticated medical beds to expecting mothers

December 9, 2024 546 Views 0 comment Print

Kerala High Court held that charges collected for provision of sophisticated medical beds for providing optimum nursing care to expecting mothers is liable to luxury tax under the Kerala Tax on Luxuries Act, 1976.

Assessee acted as kaccha arahtia is eligible for entire TDS credit: ITAT Visakhapatnam

December 9, 2024 996 Views 0 comment Print

Tribunal in the case of Yegneswari General Traders vs. ITO held that kaccha arahtias are concerned, the turnover does not include the sales effected on behalf of the principals and only the gross commission has to be considered for the purpose of 44AB.

Addition u/s. 68 not sustained as cash deposited out of business receipts: ITAT Mumbai

December 9, 2024 1329 Views 0 comment Print

ITAT Mumbai held that cash deposits were evidently business receipts, in absence of any other evidence of any other undisclosed source of income, the same cannot be considered as unexplained cash credit. Accordingly, addition under section 68 liable to be set aside.

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