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Poonam Gandhi

Latest Posts by Poonam Gandhi

Application u/s. 95 of I&B Code dismissed as demand notice not served on correct address: NCLT Amravati

August 16, 2024 57 Views 0 comment Print

NCLT Amravati held that application filed by SBI (creditor) u/s. 95 of the Insolvency and Bankruptcy Code, 2016 for initiation of insolvency procedure dismissed as demand notice not served to Personal Guarantor on correct address.

Amount quantified before 30th June 2019 eligible for benefit under SVLDRS: Bombay HC

August 16, 2024 39 Views 0 comment Print

Bombay High Court held that amount payable has been quantified before 30th June 2019 and hence eligible to avail benefit under Sabka Vishwas Legacy Dispute Resolution Scheme (SVLDRS).

Settlement commission offering immunity by accepting explanation in spirit of settlement cannot be faulted: Karnataka HC

August 16, 2024 54 Views 0 comment Print

Karnataka High Court held that settlement commission, accepting additional income offered as reasonable and giving immunity from penalty and prosecution, by accepting the explanation ‘in the spirit of settlement’ cannot be faulted.

CIT needs to independently apply his mind prior to invoking revisionary provisions u/s. 263: ITAT Kolkata

August 16, 2024 60 Views 0 comment Print

ITAT Kolkata held that CIT has not applied his mind analytically while assuming jurisdiction for taking cognizance under section 263 of the Income Tax Act. Thus, in absence of independent application of mind, invocation of revisionary provisions by CIT unsustainable.

Activity of granting call option doesn’t qualify as rendering of service: CESTAT Delhi

August 16, 2024 54 Views 0 comment Print

CESTAT Delhi held that granting “call option” is not an activity of rendering service. Thus, appellant has wrongly been held to have been a service provider while receiving “call option fee”.

Addition u/s. 68 restored on failure to discharge onus via evidence or material: ITAT Pune

August 16, 2024 96 Views 0 comment Print

ITAT Pune restored the assessment order as assessee neither filed any evidence nor provided material in an attempt to discharge the onus cast upon it in terms of provisions of section 68 of the Income Tax Act.

Condition of ‘make available’ not satisfied hence technical service not taxable: ITAT Delhi

August 16, 2024 72 Views 0 comment Print

ITAT Delhi held that the condition of make available was not satisfied for services when provided by assessee did not enabled the AEs to apply the technology independently. Thus, technical service provided to AEs not taxable.

Addition u/s. 68 restored due to deliberate withholding of information from NFAC: ITAT Pune

August 16, 2024 216 Views 0 comment Print

ITAT Pune directed addition u/s. 68 of the Income Tax Act towards unsecured loans as appellate deliberately withhold information from NFAC and NFAC failed to examine the nature of transaction and passed order in perfunctory manner.

Penalty u/s. 271(1)(c) not sustained in absence of intention to conceal income: ITAT Mumbai

August 16, 2024 141 Views 0 comment Print

ITAT Mumbai held that penalty u/s. 271(1)(c) of the Income Tax Act not imposable in absence of wilful intention on the part of the assessee to conceal income since all the errors in original return was rectified vide revised return.

Penalty imposed on customs broker for non-compliance with provisions of CBLR, 2018: CESTAT Delhi

August 16, 2024 90 Views 0 comment Print

CESTAT Delhi held that imposition of penalty and revocation of customs broker license justified as customs broker abetted the illegal export and also failed to comply with the provisions of CBLR, 2018.

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