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Arrest illegal due to pervasive breach caused to mandatory provisions

December 23, 2023 720 Views 0 comment Print

Punjab and Haryana High Court held that petitioner ordered to be released from judicial custody due to pervasive breach caused to the mandatory provisions of Section 19 of the Prevention of Money Laundering Act, 2002. Arrest declared to be illegal.

Revisionary proceedings initiated in the name of non-existent entity is invalid

December 23, 2023 1488 Views 0 comment Print

ITAT Kolkata held that revisionary proceedings u/s. 263 initiated in the name of non-existent entity, despite the fact that private limited company was converted into LLP and the conversion was brought to the knowledge of AO, is void ab initio and invalid.

Benefit of notification no. 4/2006-CE dated 01.03.2006 available on import of specified manganese ore

December 23, 2023 717 Views 0 comment Print

CESTAT Kolkata held that benefit of notification no. 4/2006-CE dated 01.03.2006 is available on imported manganese ore lumps, crushed, screened, washed having ‘Mn’ content of 43%/45% (approx).

Withholding Refund Unjustified without Fulfilling Section 241A Provisions

December 22, 2023 915 Views 0 comment Print

Karnataka High Court held that withholding of refund without satisfying requirements of provisions of section 241A of the Income Tax Act is unsustainable in law. Accordingly, refund along with interest allowed.

CA guilty of misconduct: Cheques Given in Good Faith Inappropriately Encashed

December 21, 2023 5466 Views 0 comment Print

Delhi High Court upholds the decision of Disciplinary Committee of ICAI holding petitioner guilty of professional misconduct as cheques given by Society in good faith were inappropriately encashed.

TDS u/s. 194-IA deducted on assets sold during liquidation should be refunded to corporate debtor

December 21, 2023 4773 Views 0 comment Print

NCLT Ahmedabad held that the amount of TDS deducted under section 194-IA on assets sold during the process of liquidation should be returned (refunded) back by income tax department into the account of Corporate Debtor.

BBMP directed to digitize Khata to avoid issuance of Katha in respect of one property to two different person

December 21, 2023 1626 Views 0 comment Print

Karnataka High Court held that Bruhat Bengaluru Mahanagara Palike (BBMP) should formulate a suitable mechanism to digitize Khata / Katha certificates so as to avoid situations like issuance of Katha in respect of one same property to two different person.

Initiation of penalty proceedings u/s. 271AAB(1A) without specifying default of assessee unsustainable

December 21, 2023 3396 Views 0 comment Print

ITAT Jaipur held that initiation of penalty proceedings u/s. 271AAB(1A) of the Income Tax Act without specifying the ground and default on the part of the assessee and also without specifying the undisclosed income on which penalty was proposed to be levied is unsustainable-in-law.

Denial of TDS credit to deductee due to non-deposit of TDS by deductor unjustified

December 21, 2023 4536 Views 1 comment Print

ITAT Kolkata held that once the TDS is deducted then the liability resulting from the non-deposit of TDS by the deductor cannot be fasten on the deductee. Hence, denial of TDS credit to deductee unjustified.

Expenditure towards helper allowance disallowed in absence of any supporting documents

December 18, 2023 1311 Views 0 comment Print

ITAT Chennai held that disallowance of expenditure towards helper allowance claimed as deduction u/s. 10(14)(i) of the Income Tax Act rightly sustained as no supporting documents submitted.

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