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Disqualification u/s 29A of IBC unjustified as related party ceased to be in helm of affairs of corporate debtor

September 15, 2023 642 Views 0 comment Print

Supreme Court of India held that disqualification under section 29A of the Insolvency and Bankruptcy Code is without any substance as the related party had ceased to be in the helm of affairs of the corporate debtor more than a decade ago.

Payment of guarantee fees to holding company for loan advanced to third party is deductible u/s. 37

September 15, 2023 603 Views 0 comment Print

ITAT Mumbai held that guarantee fees paid to holding company for loan advanced by assessee to third party is commercial/ business expediency and hence allowable as deduction under Section 37 of the Income Tax Act.

Payment of guarantee fee to Gujarat Government is revenue expenditure

September 15, 2023 285 Views 0 comment Print

ITAT Ahmedabad held that payment of guarantee fee to the Govt. of Gujarat in consideration of guarantee issued by it for repayment of unsecured loan is revenue expenditure.

Delay in filing of an appeal by departmental officers not condoned in absence of sufficient cause

September 15, 2023 1035 Views 0 comment Print

Delhi High Court held that delay of 498 days in filing of an appeal under section 260A of the Income Tax Act by the department officers cannot be condoned without sufficient cause being shown.

Transfer of agricultural land used for agricultural operations not liable to tax

September 15, 2023 1893 Views 0 comment Print

ITAT Bangalore held that transfer of land specified as agricultural land in revenue records and which is used for agricultural operations, cannot be considered as transfer of capital asset. Hence not taxable under Capital Gains.

When fresh assessment is barred no further demand for recovery is possible

September 15, 2023 903 Views 0 comment Print

Karnataka High Court held that even if the tax paid is found to be less than that payable, no further demand can be made for recovery of the balance amount when a fresh assessment is barred.

Income Tax illegally levied must be refunded: Bombay High Court

September 14, 2023 945 Views 0 comment Print

Bombay High Court held that subject to doctrine of unjust enrichment, the taxes illegally levied must be refunded.

Rule 8 of Tobacco Packing Machine Rules 2010 is valid: Delhi High Court

September 14, 2023 561 Views 0 comment Print

Delhi High Court held that Rule 8 of the Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules 2010 is not ultra vires to Section 3A of the Central Excise Act.

CESTAT Chennai Remands Case for Reassessment Amid COVID-19

September 14, 2023 537 Views 0 comment Print

CESTAT Chennai remanded the matter back for de novo adjudication as appellant couldn’t obtain specific documents due to the outbreak of the Covid-19 pandemic.

AO doesn’t have jurisdiction to assess/re-assess unabated assessment u/s. 153C without any incriminating material

September 14, 2023 1548 Views 0 comment Print

Bombay High Court held that jurisdiction to assess/ reassess u/s 153C of the Income Tax Act in respect of unabated/ completed assessments without any incriminating material found during the search unjustified.

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