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Nature of work performed and not label assigned to worker should determine employment status

January 1, 2025 810 Views 0 comment Print

The appellants before this Court were originally engaged by the Central Water Commission on part-time, ad-hoc terms. Applicant No.1 was appointed as a Safaiwali in 1993, Applicant No.2 as a Safaiwali in 1998, and Applicant No.3 as a Safaiwali in 1999.

Delay in filing Form 9A condoned since the same was bona fide: Bombay HC

January 1, 2025 930 Views 0 comment Print

In this regard, the petitioner was guided by Central Board of Direct Taxes (“ CBDT” for short) Circular No. 7 of 2018, dated 20 December 2018 for the A.Y. 2016-2017 issued under Section 119(2)(b) of the IT Act.

Interest from borrowed funds which temporarily held in interest bearing deposit is capital cost: Delhi HC

December 31, 2024 1476 Views 0 comment Print

Delhi High Court held that the interest received on borrowed funds, which were temporarily held in interest bearing deposit, is a part of the capital cost and is required to be credited to Capital Work-in-Progress.

An intangible property cannot constitute a Permanent Establishment: Delhi HC

December 31, 2024 1074 Views 0 comment Print

A person residing in USA desirous of transferring money to an individual or an entity in India, approaches a branch or an outlet of the assessee and transfers the money in USDs, together with the charges prescribed by the respondent-assessee.

Section 149 of Customs Act doesn’t not prescribe any time limit: CESTAT Bangalore

December 31, 2024 1248 Views 0 comment Print

CESTAT Bangalore held that no time limit has been prescribed under the statutory provision of Section 149 of the Customs Act hence circular no. 36/2010 dated 23.09.2010 cannot prescribe particular time period which is not provide u/s. 149.

Deduction u/s. 80IA(4) not admissible to assessee collecting and transporting solid waste

December 31, 2024 1146 Views 0 comment Print

ITAT Chennai held that disallowance of claim under section 80IA(4) of the Income Tax Act justified since assessee is engaged in only collection and transportation of solid wastes and is not engaged in operating and maintaining sold waste management system.

Cost imposed on DRI officer for 17 years of delay in filing application u/s. 311 of Cr.P.C.

December 31, 2024 657 Views 0 comment Print

Delhi District Court allowed the application under section 311 of the Code of Criminal Procedure (Cr.P.C.), however, imposed cost of Rs. 50,000 on DRI due to 17 years of delay in filing of a complain.

Cost imposed due to non-cooperation before lower authorities: ITAT Surat

December 31, 2024 699 Views 0 comment Print

The assessee was engaged in the business of providing works contract service and labour service. AO found that assessee had made a cash deposit of Rs.62,10,000/- in the bank account during demonetization period.

LIBOR rate to be taken as base for interest computation as invoice raised in foreign currency

December 31, 2024 987 Views 0 comment Print

ITAT Bangalore held that interest rate should be charged on the basis of prevailing LIBOR rate and no SBI PLR rate since invoices are raised in foreign currency. Accordingly, it is directed to TPO to apply LIBOR rate as basis for computation of interest.

Granted liberty to pay interest in ten equal instalments since GST already paid

December 31, 2024 624 Views 0 comment Print

Madras High Court, taking into consideration financial crises faced by the petitioner, granted liberty to the petitioner to pay interest amount in ten equal monthly instalments since entire tax (GST) is already paid.

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