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Amount taxed in hands of partner u/s 28(v) allowable in hands of firm u/s 40(b)

April 12, 2023 3015 Views 0 comment Print

CESTAT Bangalore held that amount taxed in the hands of partner u/s 28(v) needs to be allowed in the hands of the firm u/s 40(b) of the Income Tax Act.

Matter restored as sufficient time not granted for furnishing document in case of cancellation of GST registration

April 12, 2023 831 Views 0 comment Print

Karnataka High Court in cancellation of GST registration held that sufficient time needs to be given for furnishing the documents, accordingly, order quashed with a direction to restore the proceedings for reconsideration by the department.

Service tax liability unsustainable as rendering of service in India not established

April 12, 2023 444 Views 0 comment Print

CESTAT Chennai held that no documents are placed on record establishing that services are rendered in India, accordingly, service tax liability under management, maintenance or repair service unsustainable.

PIL dismissed in absence of any absolute evidence or live link

April 12, 2023 1257 Views 0 comment Print

Bombay High Court dismissed PIL in absence of any absolute evidence or live link between the alleged malpractices in the B.M.C and private respondents.

Non-constitution of GST Appellate Tribunal deprives petitioner’s statutory right to appeal – HC grants stay

April 12, 2023 1197 Views 0 comment Print

Patna High Court held that non-constitution of Appellate tribunal deprives petitioner’s statutory right to appeal u/s. 112(8) and 1129(9) of Bihar Goods and Services Tax Act (BGST).

Income earned on job assigned at Indonesia cannot be considered a global income to be taxable in India

April 12, 2023 1482 Views 0 comment Print

ITAT Delhi held that the income earned on the job assigned at Indonesia cannot be considered to be global income of the assessee to be taxable in India.

Reassessment proceedings in violation of procedure prescribed u/s 148A(b) is liable to be quashed

April 12, 2023 4980 Views 0 comment Print

Bombay High Court held that initiation of re-assessment proceedings in violation of the procedure prescribed under section 148A(b) of the Income Tax Act i.e. without supplying requisite material is bad in law and liable to be set aside.

TDS not deductible on payment for making use of shrink wrap computer software

April 12, 2023 2394 Views 0 comment Print

ITAT Hyderabad held that payments made for making use of shrink wrap computer software wherein there is no transfer of any copyright nor grant of any commercial right to exploit it doesn’t fall within the definition of royalty and hence TDS not deductible.

Delay in receipt of review order not proved hence order u/s 129D(2) assumed to have been passed beyond 3 months

April 12, 2023 1428 Views 0 comment Print

CESTAT Chennai held that appeal by department dismissed as time-barred as review order as required u/s 129D(2) of the Customs Act, 1962 assumed to have been passed beyond 3 months as no evidence produced proving delay in receiving review order.

Invocation of revision jurisdiction u/s 263 ignoring order passed u/s 153A unjustified

April 11, 2023 2253 Views 0 comment Print

Calcutta High Court held that invocation of revisional jurisdiction by PCIT u/s 263 of the Income Tax Act ignoring the order passed u/s 153A of the Income Tax Act as immaterial and irrelevant unjustified.

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