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NCLT approved Resolution plan in respect of BKM Industries Limited

October 3, 2023 1212 Views 0 comment Print

NCLT Kolkata held that application filed by resolution professional of BKM Industries Limited (Corporate Debtor) for approval of resolution plan stand approved.

No Deduction u/s 80I(4) of Income Tax Act to be Allowed without Agreement between Assessee and Government /Statutory body: ITAT

October 3, 2023 930 Views 0 comment Print

DCIT Vs HES Infra Private Limited (ITAT Hyderabad) The Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) held that the agreement was not entered between the assessee and the Government / Statutory Government and there was a violation laid down by the statute and therefore, the assessee is not entitled to claim deduction The assessee […]

Revocation of customs broker license for failing to collect KYC forms unjustified

October 3, 2023 606 Views 0 comment Print

Delhi High Court held that a penalty of revocation of license for failing to collect the KYC forms unjustly restricts the Appellant’s ability to undertake the business CHA for the entire life. Accordingly, revocation of customs broker license set aside.

Income Tax Act Section 43CA Provisions Effective Since April 1, 2014

October 3, 2023 2538 Views 0 comment Print

ITAT Mumbai held that provisions of Section 43CA of the Income Tax Act are effective only from 1st April 2014. Accordingly, the same are not applicable when part payment was received in 2010.

Order of acquittal set aside as recorded based on misreading of evidence

October 3, 2023 321 Views 0 comment Print

Calcutta High Court held that order of acquittal set aside as recorded on account of misreading of evidence. Evidence on record sufficient to hold respondent liable for committing offence u/s. 138 of N.I. Act.

Addition u/s 68 of Income Tax Act based on retracted statement unsustainable

October 3, 2023 2670 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act merely based on statement of the key person which was retracted subsequently unsustainable as genuineness, identity and creditworthiness proved.

Disallowance u/s 40A(3) sustained as benefit of exception u/r 6DD(f) not eligible

October 3, 2023 942 Views 0 comment Print

ITAT Delhi held that the payment of assessee made in cash in violation of section 40A(3) of the Act is not eligible for benefit of exceptions envisages under Rules 6DD(f) in absence of any evidence supporting identity and genuineness of the supplier.

Activity not classifiable under Manpower Recruitment or Supply Agency Service when agreement is for particular job

October 3, 2023 1341 Views 0 comment Print

CESTAT Ahmedabad held that when the agreement between the service provider and recipient is for a particular job and not for supply of man power, the activity cannot be classified under ‘Man Power Recruitment or Supply Agency Service’.

Property Tax Applicable from Date of Occupancy Certificate Issuance

October 3, 2023 4740 Views 0 comment Print

Kerala High Court held that the property tax can be levied on the building which becomes capable of use for residential purposes or other purposes. Hence, municipality is entitled to recover the property tax only from the date of issuance of occupancy certificate.

Pre-deposit is Not Tax & Cannot be Retained or Adjusted Under DVAT Act

October 3, 2023 708 Views 0 comment Print

Delhi High Court held that as per Section 38(3)(a)(ii) of the DVAT Act a pre-deposit does not partake the character of tax or duty, and hence Tax Department can neither retain the same nor could it utilize the same for adjustment purposes towards tax liability for different assessment years.

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