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Assessment u/s 153C beyond six assessment year is without jurisdiction

May 15, 2023 681 Views 0 comment Print

ITAT Mumbai held that the assessment made u/s 153C of the Income Tax Act beyond the six assessment year is without jurisdiction and liable to be quashed.

TDS not deductible by Uber India for payment made to driver partners under Uber App

May 15, 2023 2814 Views 0 comment Print

ITAT Mumbai held that TDS not deductible by Uber India in respect of payment made to driver partners on behalf of Uber BV for the transportation services.

Motor vehicle being a self-propelled vehicle eligible for depreciation @33.40%

May 15, 2023 1476 Views 0 comment Print

ITAT Ahmedabad held that motor vehicles qualify as self-propelled vehicles and accordingly depreciation at the rate of 33.40% available on the same.

Ex-parte order unjustified as revenue failed to carry out primary duty post non-service of notice

May 15, 2023 1935 Views 0 comment Print

ITAT Ahmedabad held that post non-service of notice, revenue failed to carry out its primary responsibility to ascertain whether the company, against which notices were issued, and proceedings under section 148 was contemplated, was existing or not. Accordingly, matter remanded to carry out fresh adjudication.

Same income cannot be taxed in the hands of two persons

May 15, 2023 4470 Views 0 comment Print

ITAT Mumbai held that once whole income i.e. LTCG from sale of joint property purchased is brought to tax in the hands of assessee’s wife and claim is granted by the Coordinate bench, the same income cannot be taxed in the hands of the assessee.

Order passed without adequate reasoning is a non-speaking order

May 15, 2023 1590 Views 0 comment Print

ITAT Hyderabad held that order passed without giving reasons for the conclusions arrived at is a non-speaking order and the same is liable to be set aside.

Reopening of assessment based on mistaken factual premise is unsustainable

May 15, 2023 1503 Views 0 comment Print

ITAT Delhi held that reopening of assessment under section 147 of the Income Tax Act based on mistaken factual premise is unsustainable in law.

Only Division Bench can hear appointment by deputation and not Single Member Tribunal

May 15, 2023 684 Views 0 comment Print

Original Application filed by the Respondent No.1 as the same could be heard only by the Division Bench and not by the Learned Single Member of the Tribunal. Accordingly, decision of Maharashtra Administrative Tribunal revoking deputation of the sales tax officer lacks jurisdiction.

Application filed by secured creditor u/s 14 of SARFAESI Act should be disposed of within 30 days

May 15, 2023 17319 Views 0 comment Print

Bombay High Court directed that the Application filed by a Secured creditor under section 14 of the SARFAESI Act should be disposed of by the District Magistrate/ Collector in the State of Maharashtra not later than 30 days.

Extended period invocable as non-payment of service tax detected by Anti-evasion unit

May 14, 2023 1086 Views 0 comment Print

CESTAT Chennai held that extended period of limitation rightly invoked as non-payment of Service Tax has been detected and investigated by the Anti-evasion Unit of the Commissionerate.

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