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Blacklisting order passed without giving any opportunity of being heard is unsustainable: Karnataka HC

July 27, 2024 258 Views 0 comment Print

Karnataka High Court held that passing of a blacklisting order without prior notice and without any opportunity of being heard cannot be sustained in law.

TCS not applicable on liquor vendors who bought vending rights on auction: Supreme Court

July 26, 2024 240 Views 0 comment Print

Supreme Court held that Section 206C of the Income Tax Act is not applicable in respect of Mysore Sales and that the liquor vendors(contractors) who bought the vending rights from the appellant on auction cannot be termed as “buyers”

Approved recommendations of SNJPC will be implemented under observation of new committee: Supreme Court

July 26, 2024 135 Views 0 comment Print

Supreme Court directed constitution of ‘Committee for Service Conditions of the District Judiciary’ overseeing the implementation of the recommendations of the SNJPC as approved by this Court.

Customs duty and interest payable even when confiscated goods are redeemed after payment of fine: Supreme Court

July 26, 2024 375 Views 0 comment Print

Supreme Court held that owner of the goods has liability to pay customs duty and interest even after confiscated goods are redeemed after payment of fine and other charges under section 125 of the Customs Act.

Guarantee fee to AE resulted into reduced interest rate hence TP adjustment unjustified: ITAT Ahmedabad

July 26, 2024 135 Views 0 comment Print

ITAT Ahmedabad held that benefit demonstrated in form of reduced interest rate on account of guarantee, thus, payment of guarantee fee justifiable. Accordingly, TP adjustment on account of the guarantee fee payment to AE deleted.

Additional grounds raised in appeal needs adjudication by lower authority: ITAT Chennai

July 26, 2024 654 Views 0 comment Print

ITAT Chennai restored the matter back to the file of AO for re-adjudication as additional ground raised by the assessee in appeal were not taken up before lower authorities.

Condition for refund imposed in Finance Act unjustified as SEZ unit exempt from service tax under SEZ Act: CESTAT Delhi

July 26, 2024 171 Views 0 comment Print

CESTAT Delhi held that SEZ unit is exempted from payment of service tax in terms of provisions of SEZ Act. Accordingly, condition of exemption by way of refund imposed under the provisions of the Finance Act are inconsistent with the provisions of the SEZ Act. Refund granted.

Reassessment order not communicated within time prescribed u/s 153(2) quashed: Manipur HC

July 25, 2024 246 Views 0 comment Print

Manipur High Court held that non-communication of order of reassessment and demand notice within time lime prescribed under section 153(2) of the Income Tax Act cannot be treated as valid assessment. Accordingly, order quashed aside.

Restructuring of transaction by TPO impermissible: Delhi HC

July 25, 2024 132 Views 0 comment Print

Delhi High Court held that it is impermissible for TPO to disregard the actual transaction unless it comes to the conclusion that an unrelated party would not have undertaken the same in usual course of business. Thus, TPO not permitted to engage in the restructuring of a transaction.

Notice issued making addition u/s. 68 whereas order confirmed addition u/s 69A untenable: Calcutta HC

July 25, 2024 405 Views 0 comment Print

Calcutta High Court held that petitioner not put to notice in respect of addition made under section 69A of the Income Tax Act as notice was issued making addition u/s. 68. Accordingly, the same is violative of principles of natural justice.

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