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Supreme Court set asides NCLAT order allowing adjustment against Performance Bank Guarantee instead of payment

January 25, 2024 654 Views 0 comment Print

Explore the Jet Airways case: NCLAT’s key decision, SBI’s appeal, and the intricacies of the Resolution Plan, including conditions precedent and financial implications.

Limitation not prescribed for compounding of offences committed u/s. 279(2)

January 24, 2024 1401 Views 0 comment Print

Madras High Court held that there is no limitation prescribed for compounding of the offences committed by an assessee u/s. 279(2). Thus, there cannot be any restriction/limitation for filing application for compounding of offence contrary to Section 279(2) of the IT Act, 1961.

Section 40A(2)(a) applies to payments to directors with substantial interest in company

January 24, 2024 1512 Views 0 comment Print

ITAT Mumbai held that provisions of section 40A(2)(a) of the Income Tax Act are applicable in cases, wherein, the director of subsidiary company, to whom payment has been made, has substantial interest in the assessee.

Erroneous Claim without Mens Rea Not Grounds for Section 276 Proceedings under Income Tax

January 23, 2024 861 Views 0 comment Print

Karnataka High Court held that incorrect claim or erroneous claim would not amount to willful evasion. Further, mere fact of not accurate tax, not exact tax or erroneous tax would not lead to the proceedings under Section 276 of the Income Tax Act.

Surplus on redemption of treasury bills taxable under Capital Gains: ITAT Mumbai

January 23, 2024 444 Views 0 comment Print

ITAT Mumbai held that surplus on redemption of treasury bills is taxable under the head Capital Gains and not under the head ‘Profits and Gains of Business’.

CIC directing to provide RTI relating to PM CARES Fund untenable: Delhi HC

January 23, 2024 420 Views 0 comment Print

Delhi High Court held that Section 138(2) of the IT Act would prevail over Section 22 of the RTI Act. Thus, Central Information Commission (CIC) order directing to provide copies of the file notings granting the approval relating to PM CARES Fund under Right to Information (RTI) liable to be set aside.

Conspiracy being issue of fact can be proved/ disproved only during trial: Delhi HC

January 23, 2024 603 Views 0 comment Print

Delhi High Court in IAS Anil Tuteja alleged to be engaged in movement of unaccounted cash through different channels with regard to various sectors in the state of Chhattisgarh held that conspiracy is an issue of fact which can be proved or disproved only during trial.

Notify Customs Commissioner for Goods Detained Over 3 Days: CESTAT Mumbai

January 22, 2024 543 Views 0 comment Print

CESTAT Mumbai held that detention of export goods in excess of 3 days without bringing to notice of the Commissioner of Customs/ Chief Commissioner of Customs is unlawful and untenable in law.

Deduction allowed for Delayed ESI/PF Employee Contribution Deposit: ITAT Raipur

January 22, 2024 5634 Views 0 comment Print

ITAT Raipur held that delayed deposit of employees share of contribution towards ESI/PF for A.Y. 2018-19 allowed as deduction.

Addition u/s. 68 based on report unearthed in case of third party unsustainable

January 22, 2024 1920 Views 1 comment Print

ITAT Ahmedabad held that addition u/s. 68 of the Income Tax Act towards long term capital gain treating sale of scrip as bogus on the basis of report unearthed in case of third party without any cogent material brought against assessee is unsustainable in the eye of law.

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