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Condonation of delay in filing of appeal granted in absence of malafide or deliberate intention

June 13, 2023 21381 Views 0 comment Print

ITAT Mumbai held that as there was no malafide or deliberate in action on the part of the assessee in filing the appeal with delay of 387 days before the Ld. CIT(A). Accordingly, it was directed to CIT(A) to condone the delay.

Section 44BB has no application in absence of Permanent Establishment

June 13, 2023 1536 Views 0 comment Print

ITAT Delhi held that in absence of a Permanent Establishment, provisions of section 44BB of the Income Tax Act has no application.

Exemption u/s 54B is available to HUF with effect from 1st April 2013

June 13, 2023 1443 Views 0 comment Print

ITAT Delhi held that post amendment by Finance Act, 2012 which is effective from 1st April 2013, the exemption u/s 54B of the Income Tax Act is also available to HUF.

Foreign Currency Convertible Bond expenses included as FCCB premium expense is allowable

June 13, 2023 945 Views 0 comment Print

ITAT Mumbai held that FCCB i.e. Foreign Currency Convertible Bond expenses included as part of FCCB premium expenses is allowable.

Arbitral award can be regarded as enforceable only if it is actually executable

June 13, 2023 3300 Views 0 comment Print

Delhi High Court held that the award can be regarded as enforceable only if it is actually executable. Accordingly, the Final Partial Award passed by the Arbitral Tribunal is unenforceable award.

Grant of anticipatory bail rejected as offence of fictitious registration under GST primarily established

June 13, 2023 990 Views 0 comment Print

Punjab and Haryana High Court dismissed the petition for grant of anticipatory bail in the case of fictitious firm/ company registration under GST as an offence is prima facie established against the petitioner.

Rejection of technical bids justified as tax audit report didn’t contained UDIN

June 13, 2023 1866 Views 0 comment Print

Uttarakhand High Court held that as per notification dated 02.08.2019, Tax Audit Reports are mandatorily required to have Unique Document Identification Number (UDIN). In absence, of the same, rejection of petitioner’s technical bids completely justified.

Revision u/s 263 rightly invoked as AO failed to inquire valuation of shares vis-à-vis provisions of section 56(2)(viib)

June 13, 2023 567 Views 0 comment Print

ITAT Kolkata held that AO failed to make required enquiries to go into the question of valuation of shares given by the accountant for the purpose of assessment of income as per provisions of section 56(2)(viib). Accordingly, revisionary power under section 263 rightly invoked.

Sales tax leviable on credit note issued by manufacturer to dealer relating to replacement of defective parts

June 13, 2023 2268 Views 0 comment Print

Supreme Court held that the credit note issued by a manufacturer to the dealer, relating to the replacement of defective parts, is a valuable consideration and hence, leviable to sales tax.

Condonation in filing of claim under Form-C based on bald explanation not allowable: NCLAT

June 13, 2023 645 Views 0 comment Print

NCLAT Chennai held that condonation in filing of claim under Form-C based on bald explanation without sufficient cause for the delay is not allowable.

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