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Work contract services to railways eligible for concessional tax rate of 12%: Madras HC

March 11, 2025 450 Views 0 comment Print

Madras High Court held that works contract services pertaining to railways is covered by Notification 11 of 2017 CGST (RATE) dated 28.06.2017 as amended vide Notification No. 20/2017 dated 22.08.2017, Notification No.8 of 2017 Integrated Tax (Rate) dated 28.06.2017 and hence concessional tax rate of 12% applicable instead of 18%.

Initiation of reassessment u/s. 147 based on search action instead of 153A/153C is untenable

March 11, 2025 747 Views 0 comment Print

Bombay High Court held that once search action u/s. 132 of the Income Tax Act is the foundation of the case, assessment could be initiated only under section 153A/ 153C. Thus, initiation of reassessment proceedings u/s. 147 is liable to be quashed.

Kerala HC directed to keep recovery proceedings in abeyance till final disposal of appeal

March 11, 2025 387 Views 0 comment Print

Kerala High Court held that recovery proceedings in the matter of applicability of TDS u/s. 192 in case of consultant doctors being employees of hospital is to be kept in abeyance pursuant to pending final disposal of appeal.

No addition u/s. 28(iv) for free of cost assets from sister concern as no benefit derived

March 11, 2025 411 Views 0 comment Print

ITAT Bangalore held that addition under section 28(iv) of the Income Tax Act for receiving fixed assets from sister concern on free of cost basis unjustified as no benefit is derived from the same. Accordingly, order of CIT(A) upheld and appeal of revenue dismissed.

Gratuity doesn’t form part of liquidation estate: Calcutta HC

March 10, 2025 288 Views 0 comment Print

Calcutta High Court held that gratuity doesn’t form part of liquidation estate. Hence, entire dues of workers would not come under liquidation assets. Thus, writ dismissed and order directing payment of gratuity upheld.

Rejection of resolution plan by CoC after discussion justifiable: NCLAT Delhi

March 10, 2025 144 Views 0 comment Print

NCLAT Delhi held that rejection of resolution plan of appellant justified as CoC deliberated and discussed the Resolution Plan of the Appellant. Thus, resolution plan with 97% vote share of CoC rightly approved.

Addition u/s. 68 restricted to 0.30% of total Circular Trading Transaction: ITAT Ahmedabad

March 10, 2025 810 Views 0 comment Print

ITAT Ahmedabad held that CIT(A) rightly restricted disallowance on account of unexplained bank deposit and withdrawal under section 68 of the Income Tax Act to 0.3% of total Circular Trading Transaction. Accordingly, appeal of revenue dismissed.

Extraordinary event of demonetization to be considered while comparing cash sales during that period

March 10, 2025 360 Views 0 comment Print

Held that the invoices issued by the assessee contained a barcode. A barcode on a tax invoice serves as a verification mechanism, ensuring that the sale is recorded in the system and adds a layer of authenticity.

TDS u/s. 195 not attracted on salary paid outside India towards staff hired outside India

March 10, 2025 573 Views 0 comment Print

ITAT Delhi held that provisions of section 195 as well as section 40(a)(iii) are not attracted in case of salary paid to staff hired outside India and services were utilised outside India. Accordingly, appeal of the revenue dismissed.

Appeal involving question of taxability of service lies before Supreme Court

March 10, 2025 264 Views 0 comment Print

Delhi High Court held that in view of Section 35L of the Central Excise Tax as the question of law involved is regarding the taxability of the service, the appeal would lie to the Supreme Court and before High Court. Thus, the present appeal is rejected.

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