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Simultaneous trial of distinguishable offence in PMLA and IPC not accepted: Madras HC

December 28, 2024 837 Views 0 comment Print

Madras High Court held that request for simultaneous trial both in PMLA and in predicate offence registered under IPC not accepted since both the offence are distinguishable and not connected with each other.

Disallowance u/s. 14A to be restricted to dividend yielding investments

December 28, 2024 702 Views 0 comment Print

ITAT Kolkata held that the disallowance u/s 14A of the Income Tax Act, read with Rule 8D of the Income Tax Rules should be restricted to the dividend yielding investments. Accordingly, AO directed to re-compute disallowance.

Supply of helicopters without transfer of right to use not exigible to tax u/s. 2(g)(vi) of CST

December 28, 2024 435 Views 0 comment Print

Delhi High Court held that supply of helicopters to Andaman and Nicobar Islands Administration without transfer of right to use not exigible to tax under section 2(g)(vi) of the Central Sales Tax Act, 1956 [CST Act].

Levy of IGST on ocean freight unconstitutional: Delhi HC

December 28, 2024 816 Views 0 comment Print

Delhi High Court held that levy of Integrated Goods and Services Tax (IGST) on ocean freight is unconstitutional. Accordingly, directed department to refund service tax paid on ocean freight during April to June 2017.

Order confirming penalty u/s. 129(1) of CGST Act without granting hearing not justified

December 28, 2024 654 Views 0 comment Print

The present writ petition is filed challenging the impugned order dated 09.11.2024 whereby the petitioner was directed to pay penalty of Rs.6, 18,656/- as proposed in GST MOV 07 under Section 129(1)A of the CGST Act.

Section 275(1A) empowers AO to enhance or reduce penalty based on order passed by higher authority

December 28, 2024 2769 Views 0 comment Print

ITAT Ahmedabad held that section 275(1A) of the Income Tax Act empowers AO to pass penalty order by enhancing or reducing penalty on the basis of assessment as revised by giving effect to orders passed by appellate authority or courts.

Income of beneficiaries cannot be treated as income in hands of trust: ITAT Ahmedabad

December 28, 2024 615 Views 0 comment Print

ITAT Ahmedabad held that the income of beneficiaries of trust cannot be treated as income in the hands of the trust. Accordingly, disallowance under section 143(1) of the Income Tax Act not justified.

Functionally dissimilar entities not includible as comparable for benchmarking international transactions

December 28, 2024 660 Views 0 comment Print

The assessee had adopted Transactional Net Margin Method (TNMM) as the most appropriate method and Operating Profit/ Operating Cost [OP/OC] as the Profit Level Indicator for benchmarking the international transactions.

Order set aside as AO erroneously added value of transaction for calculating escaped assessment

December 28, 2024 456 Views 0 comment Print

Delhi High Court held that AO has erroneously added value of transaction while calculating income that could possibly have escaped assessment. Accordingly, order set aside and matter remanded back to AO for fresh consideration.

Appeal filed after 1350 days without reasonable cause not condoned: ITAT Ahmedabad

December 28, 2024 459 Views 0 comment Print

The present appeal is filed by the assessee against the denial of registration under section 12AB of the Income Tax Act vide the order passed by the Commissioner of Income Tax (Exemption), Ahmedabad.

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