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Faceless assessment doesn’t permit issuance of notice u/s. 148A(b) by Jurisdictional AO: Bombay HC

July 30, 2024 1122 Views 0 comment Print

Bombay High Court held that it was not permissible for the Jurisdictional Assessing Officer to issue a notice under Section 148A(b), as the same would amount to breach of the provisions of section 151A of the Income Tax Act (i.e. faceless assessment scheme).

Income of agricultural land not to be added to books profit while calculating MAT u/s 115JB: Delhi HC

July 30, 2024 312 Views 0 comment Print

Delhi High Court held that income of agricultural land is exempt from tax and hence the same cannot be added to the books profit while calculating MAT under section 115JB of the Income Tax Act.

Service of order to inactive e-mail ID not AO’s fault as change in e-mail ID not informed: Andhra Pradesh HC

July 30, 2024 222 Views 0 comment Print

It is the case of the petitioner that this e-mail order was not received by the petitioner, in as much as the e-mail ID to which the order had been sent, had become inactive and was not being used by the petitioner.

Electricity supply during CIRP essential hence RP can take coercive step to collect amount for its payment: NCLAT Delhi

July 30, 2024 108 Views 0 comment Print

NCLAT Delhi held that electricity supply by NPCL, being in nature of supply of essential goods, was necessary to be continued during the period of moratorium (CIRP period).

Penalty unwarranted as due to technical glitch GST return was filed via branch State portal: Telangana HC

July 30, 2024 198 Views 0 comment Print

When the return is filed in the Telangana Portal and credit got transferred on the same day to Maharashtra portal, the department has no justifiable reason to deny the same or take action against the petitioner.

Resolution professional not personally liable for payment made with approval of CoC: NCLAT Delhi

July 30, 2024 132 Views 0 comment Print

NCLAT Delhi held that personal liability cannot be fastened on Resolution Professional for any payment made after CIRP, where such payment is made with the approval of CoC.

Penalty unsustainable as issue of claim of depreciation on non-compete fee is highly contentious: ITAT Delhi

July 30, 2024 108 Views 0 comment Print

ITAT Delhi held that penalty u/s 271(1)(c) of the Income Tax Act unsustainable as allowability of deprecation on non-compete fee is highly contentious as different views are taken by various High Courts and matter is pending before Supreme Court.

Interest unjustified as stamp duty demanded by authorities paid during pendency of appeal: Madras HC

July 30, 2024 114 Views 0 comment Print

Madras High Court held that the entire stamp duty amount as demanded by the authorities has been paid even during the pendency of the appeal, hence demand of interest for belated payment unjustified.

Penalty u/s 271B confirmed as sufficient cause not shown for non-furnishing of audit report: ITAT Chennai

July 30, 2024 177 Views 0 comment Print

ITAT Chennai confirmed penalty imposed under section 271B of the Income Tax Act for non-furnishing audit report, in absence of any reasonable or sufficient cause for not complying with legal provisions of section 44AB of the Income Tax Act.

Receipts from Indian customers for services provided outside India relating to right to use of process not taxable: Delhi HC

July 29, 2024 369 Views 0 comment Print

Delhi High Court held that the receipts from Indian customers for services provided outside Indian Territory, in connection with use or right to use of process or equipment by the assessee company, cannot be taxed as royalty as per section 9(l)(vi) of the Income Tax Act.

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