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Transferee Undertaking Eligible for Deduction u/s. 80IA(4) for Remaining Period: ITAT Mumbai

February 10, 2024 399 Views 0 comment Print

ITAT Mumbai held that in case of transfer of undertaking deduction u/s. 80IA(4) of the Income Tax Act for remaining unexpired period duly admissible to transferee when transferor and transferee should jointly intimate to the Department of Industrial Policy and Promotion.

Customs Broker Not Liable for Post-Clearance Illegal Actions by Importer

February 10, 2024 675 Views 0 comment Print

CESTAT Delhi held that illegal actions of the importer firms subsequent to the clearance of the cargo from the Customs Station do not attract the violation on the part of the Customs Broker. Accordingly, order upholding revocation of customs broker license set aside.

Addition under Section 68 Unjustified Without Falsity in Identity Documents: ITAT Delhi

February 9, 2024 1107 Views 0 comment Print

ITAT Delhi held that AO is not justified in adding unsecured loan received u/s. 68 as AO has rejected the evidences furnished by the appellant without establishing falsity of the documents. Further, documents duly proved identities and source of investors.

Reassessment Based on Previously Examined Facts Unacceptable: ITAT Mumbai

February 9, 2024 483 Views 0 comment Print

ITAT Mumbai held that initiation of reassessment proceedings on account of change of opinion formed on re-appraisal of the facts already on record and examined during the regular assessment proceedings is liable to be quashed.

Transaction not become bogus merely for non response to section 133(6) notices: ITAT Mumbai

February 9, 2024 3219 Views 0 comment Print

ITAT Mumbai held that non-response to notice u/s. 133(6) of the Income Tax Act by some parties that does not prove that the entire transactions are bogus especially when all other documents to prove the identity and creditworthiness of the parties have been submitted

Interest entitled if duty drawback not paid within 3 months from date of filing of claim: Supreme Court

February 8, 2024 474 Views 0 comment Print

Supreme Court held that where duty drawback is not paid within a period of three months from the date of filing of claim, the claimant would be entitled to interest in addition to the amount of drawback.

No Mini-Trials Allowed in Granting Temporary Injunctions, Chanda Kochhar Case: Bombay HC

February 8, 2024 510 Views 0 comment Print

Bombay High Court held that it is well settled that it is not appropriate for a Court to hold a mini-trial at the stage of grant of temporary injunction

Sale, Distribution, or Exhibition of Cinematographic Films is not Royalty: ITAT Mumbai

February 8, 2024 2526 Views 0 comment Print

ITAT Mumbai held that consideration for sale distribution or exhibition of cinematographic films would not fall under the domain of “Royalty” and accordingly TDS not deductible on the same.

Delhi HC Orders Release of Seized Property as ED Investigation Exceeds 365 Days Without Proceedings

February 8, 2024 561 Views 0 comment Print

Delhi High Court held that investigation for a period beyond 365 days not resulting in any proceedings relating to any offence under the Act, in terms of Section 8(3) of the PMLA Act, is that such seizure lapses. Thus, property so seized directed to be released.

Developer holding ownership of property liable to pay capital gain tax: ITAT Mumbai

February 8, 2024 492 Views 0 comment Print

ITAT Mumbai held that as ownership of property lies with the developer on the day of ‘agreement of sale’, sale consideration is taxable under capital gains in the hand of developer and not in the hands of assessee.

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