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Offence u/s. 304-A, 34 of IPC duly registered against director for failure in satisfying safety measure: Madhya Pradesh HC

July 29, 2024 138 Views 0 comment Print

Madhya Pradesh High Court held that FIR, registering offence u/s. 304-A, 34 of the IPC, against managing director of the company on account of failure in putting safety signs on either side of culvert so as to prevent any accident of road user justifiable.

Penalty imposed as required authorization not obtained for exporting SCOMET item: CESTAT Delhi

July 29, 2024 174 Views 0 comment Print

CESTAT Delhi held that export of Triethanolamine, which is one of the Specialised Chemicals, Organisms, Machinery, Equipment and Technology (SCOMET) items, without the required authorization is a serious violation. Hence penalty imposed.

Payment made during search without issuance of acknowledgment in GST DRC-04 should be refunded: Calcutta HC

July 29, 2024 321 Views 0 comment Print

Calcutta High Court held that payment made during the course of search cannot be said to be voluntary payment. Such payment made cannot be retained by the department as acknowledgment in GST DRC-04 not given.

Delayed appeal without application for condonation of delay is untenable: Jharkhand HC

July 29, 2024 183 Views 0 comment Print

Jharkhand High Court held that the delay in filing the appeal without any condonation of delay application is a defective one and hence appeals dismissed as grossly barred by limitation.

Build up area will exclude balcony area upto 01.04.2005 while computing deduction u/s. 80IB(10): Bombay HC

July 29, 2024 195 Views 0 comment Print

Bombay High Court held that upto 1 April, 2005, the expression ‘built up area’ would exclude the balcony area and are not to be included while computing the built up area of the residential units, in housing project eligible for deduction u/s. 80IB(10) of the Income Tax Act.

Service tax exemption to Development Course by National Skill Development Corporation needs reconsideration: Karnataka HC

July 29, 2024 81 Views 0 comment Print

Petitioner states that mega Exemption Notification No.25/2012 as amended by notification No.13/2013 provides for exemption in case of services provided by a training partner approved by the National Skill Development Corporation or Sector Skill Council.

Mere statement of third-party not sufficient for addition of on-money sale: ITAT Chennai

July 29, 2024 405 Views 0 comment Print

ITAT Chennai held that addition towards on-money sale amount based on the third-party statement without any cogent positive evidence to sustain addition is unsustainable in law.

Cash sales not proved to be bogus hence addition u/s. 69A unjustified: ITAT Delhi

July 29, 2024 336 Views 0 comment Print

ITAT Delhi held that addition on account of unexplained money under section 69A of the Income Tax Act unjustified as revenue failed to prove that cash sales are fictitious/ bogus.

Services being part of mining operations are taxable only from 01.06.2007: Calcutta HC

July 29, 2024 87 Views 0 comment Print

Calcutta High Court held that coal cutting or mineral extraction and lifting them up to the pithead are essential integral processes and are part of mining operations and hence taxable only from 01.06.2007. No service tax is leviable on such activities prior to the said date.

Invocation of section 28(iv) unjustifiable when shares are held as investment: ITAT Delhi

July 27, 2024 855 Views 0 comment Print

ITAT Delhi held that when shares are held as investments, there will be no business income and accordingly provisions of section 28(iv) of the Income Tax Act cannot be invoked.

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