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Filing Appeal Shortly Before Section 153C Assessment deadline Unjustified: Delhi HC

April 2, 2024 1146 Views 0 comment Print

Delhi High Court held that petitioner has approach the court only a few days before the time for completion of assessment u/s. 153C of the Income Tax Act would expire.

Section 10(26) Exemption Limited to Individual Members of Scheduled Tribe: ITAT Guwahati

April 2, 2024 1737 Views 0 comment Print

ITAT Guwahati held that the exemption of 10(26) of the Income Tax Act is available to the individual members of the Scheduled Tribe and the said benefit cannot be extended to a partnership firm.

Enhancement of compensation without cross objection of claimants untenable: Calcutta HC

April 2, 2024 1038 Views 0 comment Print

Calcutta High Court held that Held that there cannot be enhancement of compensation amount in an appeal filed by the insurance company challenging the compensation granted by the learned Tribunal in the absence of cross-objection of the claimants.

MVAT Authorities Lack Priority Over Secured Creditors’ Assets: Bombay HC

April 2, 2024 885 Views 0 comment Print

Bombay High Court held that MVAT Authorities would not have priority in the recourse to the assets that are secured in favour of the secured creditor and registered in priority with the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI).

Section 68 Addition Unjustified if Shares’ Purchase & Sale Validated by Evidence: ITAT Mumbai

April 2, 2024 2151 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act unsustainable as assessee has established the genuineness of purchase and sale of shares by producing documentary evidence and transaction of purchase and sale of shares is done via banking channel.

Brush cutter classifiable under CTH 84672900: CESTAT Chennai

April 2, 2024 831 Views 0 comment Print

CESTAT Chennai held that imported goods being handheld machines popularly known as brush cutter is classifiable under CTH 84672900 and parts of brush cutter is classifiable under CTH 84679900.

Expenditure towards ESOP is allowable u/s 37(1) of Income Tax Act: ITAT Mumbai

April 2, 2024 2685 Views 0 comment Print

ITAT Mumbai held that the ESOP expenses claimed by the assessee is an allowable expenditure under section 37(1) of the Income Tax Act.

Order passed against non-existent entity is liable to be quashed: ITAT Delhi

April 2, 2024 1365 Views 0 comment Print

ITAT Delhi held that passing of an order in the name of an entity which has merged with another entity will make the order void ab initio. Accordingly, the impugned assessment order passed in the name of a non-existent entity is void ab initio and hence liable to be quashed.

Faceless mechanism doesn’t exclude central charges and international taxation charges: Bombay HC

March 31, 2024 4338 Views 0 comment Print

Bombay High Court held that mandatory faceless procedure for issuance of notice u/s. 148 would not exclude the Central charges and International taxation charges from the application of the faceless mechanism as notified u/s. 144B r.w.s. 151A of the Act.

TDS u/s. 195 not deductible on expense of management and marketing support service paid to foreign company: ITAT Delhi

March 27, 2024 2523 Views 0 comment Print

ITAT Delhi held that expense towards management and marketing support service paid to foreign company is not taxable under Fee for Technical Service (FTS) under India-Netherlands Double Taxation Avoidance Agreement (DTAA) and hence TDS not deductible u/s. 195 of the Income Tax Act.

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