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Capital gain exemption available as advance paid for purchase of assets amounts to utilization of capital gain amount

December 8, 2022 2943 Views 0 comment Print

Supreme Court held that advances paid for the purpose of purchase and/or acquisition of the assets would certainly amount to utilization of the capital gains for the purpose of purchasing and/or acquiring the aforesaid assets and accordingly capital gain exemption available.

CIT(A) deciding the ground based on additional evidence without giving opportunity to AO is untenable

December 8, 2022 1008 Views 0 comment Print

ITAT Hyderabad held that deciding any ground based on any additional evidence before CIT(A), without calling for a remand report from the Assessing Officer, is untenable in law. CIT(A) needs to mandatorily given an opportunity to AO to examine the additional evidence.

Bail granted in GST evasion case on failure of investigation agency to lead any pre-charge evidence

December 8, 2022 1227 Views 0 comment Print

Punjab & Haryana High Court held that in the present GST evasion case the investigation stands concluded and the investigation agency has failed to lead any pre-charge evidence even after passing of almost 6 months. Bail granted.

Overseas Consultancy Income is not business income taxable u/s 44DA

December 8, 2022 7308 Views 0 comment Print

DCIT Vs Aecom Asia Co. Ltd. (ITAT Delhi) ITAT Delhi held that the assessee has rightly offered the Overseas Consultancy Income as fees for technical services under the provisions of section 115A of the Act and the addition made under section 44DA of the Act is liable to be deleted. Facts- The Appellant is a […]

Liaison office in India doesn’t constitute PE in India

December 8, 2022 2277 Views 0 comment Print

ITAT Mumbai held that liaison office in India doesnt constitute permanent establishment (PE) of the assessee in India under the provisions of DTAA.

Date of allotment letter will be considered as date of acquisition of property

December 8, 2022 24126 Views 0 comment Print

ITAT Mumbai held that the date of acquisition of the property under consideration was to be reckoned from the date of the allotment letter and capital gain will be calculated accordingly.

Proportionate disallowance u/s. 14A unwarranted for investments made in tax free bonds

December 8, 2022 1269 Views 0 comment Print

ITAT Delhi held that proportionate disallowance of interest is not warranted, under Section 14A of Income Tax Act for investments made in tax free bonds or securities which yield tax free dividend and interest.

Duty drawback already paid needs to be remitted as sale proceeds not received by exporter

December 8, 2022 1305 Views 0 comment Print

Delhi High Court held that duty drawback has been paid to the exporter, but, until now, sale proceeds have not been received against exports, the deeming provision incorporated in the second (2nd) proviso to Section 75 will kick in. Hence, duty drawback needs to be remitted.

Alternate remedy cannot exclude jurisdiction of High Court under Constitutuion

December 8, 2022 1422 Views 0 comment Print

Supreme Court held that the existence of an alternate remedy by itself cannot exclude the jurisdiction of the High Court under the Constitution.

Turnover of sale of alcoholic liquor sold in restaurant is taxed separately

December 7, 2022 2907 Views 0 comment Print

Madras High Court held that turnover relating to the sale of alcoholic liquor sold in the restaurant is not to be included in the turnover of foods and drinks as sale of alcoholic liquor is taxable separately.

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