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Confiscation notice u/s. 130 of TNGST Act justified as officials duly formed opinion of tax evasion

February 8, 2025 126 Views 0 comment Print

Madras High Court held that issuance of confiscation notice under section 130 of the TNGST Act justifiable since officials had formed clear cut prima facie opinion that gold jewellery were transported for purpose of sale with intention to evade payment of tax.

GST registration and payment of tax after inspection not voluntary conduct by assessee

February 8, 2025 222 Views 0 comment Print

There has been contraventions of provisions of the GST Act for which the petitioner is liable to make good the non-payment and also suffer penal consequences for the same.

Opportunity granted as assessee failed to represent in rejection of registration u/s. 12AB

February 8, 2025 174 Views 0 comment Print

ITAT Bangalore held that matter of rejection of registration under section 12AB of the Income Tax Act is liable to be restored back to CIT(Exemptions) for granting one more opportunity as assessee failed to represent its case properly before the authorities.

Additional machine for carrying out freeze-drying process entitled to enhanced depreciation

February 8, 2025 111 Views 0 comment Print

Kerala High Court held that additional machines employed for carrying out the freeze-drying process entitled to enhanced depreciation at 20% under section 32(1)(iia) of the Income Tax Act. Appeal allowed, accordingly.

Reopening u/s. 148 without tangible material is unsustainable in law: Gujarat HC

February 8, 2025 225 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 148 of the Income Tax Act in absence of any tangible material to arrive at primafacie reason to believe that income has escaped assessment is unsustainable in law and hence liable to be quashed.

Mere uploading of communication in e-portal not sufficient under Income Tax: ITAT Agra

February 8, 2025 225 Views 0 comment Print

ITAT Agra held that merely uploading of the communication in the Income Tax department e-portal is not sufficient mode of communication in view provisions of Section 282 of the 1961 Act and Rule 127 of the Income Tax Rules.

Initiation of revision proceedings u/s. 263 unsustainable as matter already pending before CIT(A)

February 8, 2025 156 Views 0 comment Print

The issue involved in the present appeal relates to deduction of TDS in case of payment of External Development Charges [EDC]. Notably, TDS was not deducted by the assessee.

Advertisement and distribution revenue of Discovery Asia INC. taxable as per MAP

February 7, 2025 144 Views 0 comment Print

ITAT Delhi held that advertisement and distribution revenue earned by Discovery Asia Inc. is taxable as per Mutual Agreement Resolution (MAP) as decided by competent authority of India & USA. Accordingly, appeal allowed partially.

Consider Investments Yielding Exempt for Rule 8D Disallowance: ITAT Delhi

February 6, 2025 267 Views 0 comment Print

ITAT Delhi remanded the issue back to file of AO to re-compute disallowance under rule 8D(2)(ii) of the Income Tax Act by taking those investment which give rise to exempt income @1% of average value of investment.

Rule 8D Disallowance should be Based on Average Investment Value: ITAT Mumbai

February 6, 2025 213 Views 0 comment Print

ITAT Mumbai held that disallowance under rule 8D(2)(ii) r.w.s. 14A of the Income Tax Rules should be made on average value of investment yielding exempt income and not on the basis of quantum of investment based on market value.

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