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Order passed without implementing direction of DRP is void-ab-initio: ITAT Delhi

April 8, 2024 2313 Views 0 comment Print

ITAT Delhi held that AO is bound to follow the directions of DRP. Accordingly, final assessment order passed by AO without implementing direction of DRP makes the assessment order void-ab-initio.

Resolution plan set aside as applicant declared as wilful defaulter: NCLT Mumbai

April 5, 2024 759 Views 0 comment Print

NCLT Mumbai set aside the resolution plan submitted by the respondent as Resolution Professional withhold the information of Resolution Applicant, being declared as wilful defaulter prior to submission of resolution plan, from the COC.

Vested right of person cannot be affected by retrospective legislation: Bombay HC

April 5, 2024 2376 Views 0 comment Print

Bombay High Court held that retrospective legislation cannot deprive a person of an accrued right vested in him under a statute or under the Constitution.

Deduction u/s. 80IC eligible on addition u/s. 68 of unsubstantiated share capital: Delhi HC

April 5, 2024 570 Views 0 comment Print

Delhi High Court held that benefit of deduction under section 80IC of the Income Tax Act available even in case of addition of unsubstantiated share capital into the account of the assessee under Section 68 of the Act.

Disallowance u/s 14A deleted as interest free own funds exceeded investment: ITAT Mumbai

April 5, 2024 816 Views 0 comment Print

ITAT Mumbai held that disallowance made u/s. 14A of the Income Tax Act read with rule 8D deleted as tax free funds were more than investment made on which exempt income was earned.

TDS deductible u/s. 192 on reimbursement of Leave Travel Concession: ITAT Delhi

April 5, 2024 3915 Views 0 comment Print

ITAT Delhi held that TDS is required to be deducted under section 192 of the Income Tax Act on the reimbursement of LTC (Leave Travel Concession) /LFC (Leave Fare Concession) and HTC (Home Travel Concession).

Sale of shares cannot be treated as bogus if material recorded proves genuineness: ITAT Mumbai

April 5, 2024 1383 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act by treating transaction of sale of shares of Sunrise Asian as a bogus penny stock unsustainable as material on records supports genuineness of the transactions.

Revision u/s 263 justified as details not examined by AO: ITAT Mumbai

April 4, 2024 696 Views 0 comment Print

ITAT Mumbai held that non-examination of the details clearly makes the order of AO erroneous and prejudicial to the interest of revenue. Accordingly, PCIT correctly assumed the revisional jurisdiction under section 263 of the Income Tax Act.

Section 71 Inapplicable if Goods Unloaded Outside notified Area with Superintendent Permission: SC

April 2, 2024 789 Views 0 comment Print

Supreme Court held that provisions of section 71 of the Customs Act doesn’t apply when goods were not warehoused inside the notified public bonded warehouse but were unloaded outside the notified area but within factory premises and kept under a shed on permission granted by Superintended.

Sale of Online Advertisement Space Not Taxable as Royalty or FTS in India: ITAT Bangalore

April 2, 2024 1545 Views 0 comment Print

ITAT Bangalore held that payment made by Google India Pvt. Ltd. to Google Ireland Limited (assessee) for sale of online advertisement space is not taxable in India as the same cannot be regarded as royalty or FTS.

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