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Vehicle used for conveyance of contraband articles released on furnishing of bank guarantee

December 4, 2023 600 Views 0 comment Print

Kerala High Court Held that vehicle used for conveyance of contraband articles under the NDPS Act can be confiscated. But till the proceedings are concluded, there is no prohibition in releasing the vehicle under section 451 Cr. P.C after imposing stringent conditions. Accordingly, directed to release vehicle on furnishing of bank guarantee.

Interest u/s. 244A to be calculated by adjusting refund amount towards interest and balance towards tax

December 4, 2023 5565 Views 0 comment Print

ITAT Mumbai held that the amount of interest u/s. 244A of the Income Tax Act is to be calculated by first adjusting the amount of refund already granted towards the interest component and balance left if any shall be adjusted towards the tax component.

Unsigned order is no order in the eyes of law

December 4, 2023 2787 Views 0 comment Print

Andhra Pradesh High Court held that an unsigned order cannot be covered under – any mistake, defect or omission therein as used in Section 160. Concluded that unsigned order is no order in the eyes of law.

Investment beyond six months in NABARD Bonds cannot be considered for claiming exemption u/s. 54EC

December 4, 2023 588 Views 0 comment Print

ITAT Mumbai held that investment in NABARD Bonds beyond the specified time of six months cannot be considered for claiming exemption under the provisions of section 54EC of the Income Tax Act.

Inverted duty structure refund admissible u/s 54(3)(ii) even when supplier has charged higher rate

December 4, 2023 1110 Views 0 comment Print

Madras High Court held that refund of inverted duty structure available u/s 54(3)(ii) of the GST Act even when the supplier has inadvertently charged higher rate i.e. 18% instead of applicable rate i.e. 5%.

Permission to travel abroad not granted as investigation in hawala transactions pending

December 4, 2023 549 Views 0 comment Print

Delhi High Court did not granted permission to travel abroad to the petitioner involved in hawala transactions as investigation in FIR registered by Special Cell (EOW) and ECIR registered by the Directorate of Enforcement is pending and petitioner has not placed on record any cogent reason to travel abroad.

Reopening of assessment u/s 148 unjustified as all material facts fully disclosed

December 4, 2023 1353 Views 0 comment Print

Madras High Court held that reopening of assessment u/s 148 of the Income Tax Act beyond the period of four years unjustified as all the particulars with regard to sale of agricultural land was disclosed before AO in full extent.

Income in case of life insurance business should be computed as per section 44 of Income Tax Act

December 4, 2023 1044 Views 0 comment Print

ITAT Mumbai held that in case of life insurance business, the income should be computed as per provisions of section 44 of the Income Tax Act and to be taxed under section 115B.

Diminution in value of GoI Bonds allowable as revenue loss as investment made under commercial expediency

December 4, 2023 357 Views 0 comment Print

Orissa High Court held that since the investment in Government of India Fertilizer Bonds [GoI Bonds] was made under commercial expediency it did not bring an asset of a capital nature and the diminution in the value of the said bond are allowable as revenue loss.

Compensation received for hardship is capital receipt hence not taxable

December 4, 2023 5148 Views 0 comment Print

ITAT Mumbai held that payments/compensation paid by developer is in the nature of hardship allowance / rehabilitation allowance is capital receipt and is not liable to tax.

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