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Revision u/s. 263 justified as claim accepted without any enquiry: Kerala HC

January 28, 2025 402 Views 0 comment Print

Kerala High Court held that revision proceedings under section 263 of the Income Tax Act righty invoked as claim was accepted by assessing officer without any enquiry. Accordingly, jurisdiction rightly invoked.

Services doesn’t qualify as FTS as make available condition not satisfied: ITAT Ahmedabad

January 28, 2025 315 Views 0 comment Print

ITAT Ahmedabad held that services do not qualify as Fee for Technical Services [FTS] under India-Netherlands tax treaty since department failed to demonstrate that technology was ‘make available’ to recipient of services.

Regulation 16A(3A) of CIRP regulations to be followed for replacement of authorised representative

January 28, 2025 90 Views 0 comment Print

NCLAT Delhi held that regulation 16A(3A) of the CIRP Regulations has to be followed for replacement of Authorised Representatives. Adjudicating Authority duly relied on regulation 16A(3A) and rejected the application of the appellant.

Repeated placing of matter in call book not valid justification for non-adjudication of notice for 15 years

January 28, 2025 237 Views 0 comment Print

Delhi High Court held that repeated placing of the matter in the call book is not a valid justification for non-adjudication of show cause notice for about 15 years. Accordingly, order passed is liable to be quashed due to delay in adjudication.

Absolute right of Corporate Debtor over property established hence it is part of liquidation estate

January 27, 2025 81 Views 0 comment Print

NCLAT Delhi held that assignment agreement establishes absolute right of the corporate debtor over the property hence it is part of liquidation estate. Payment of unauthorised sub-letting charges doesn’t mean any valid sub-letting of property.

Section 69 Addition based on loose sheets without corroborative evidence not sustainable

January 27, 2025 477 Views 0 comment Print

ITAT Chennai held that addition under section 69 towards unexplained investment merely based on loose sheets without any corroborative evidences is unsustainable in law. Also held that addition on the basis of mere assumption and presumption not sustainable.

ITAT Directs AO to Verify TDS Payment Documents Submitted for First Time

January 27, 2025 240 Views 0 comment Print

ITAT Agra held that evidences with regard to deposit of income tax deducted at source (TDS) filed for the first time before ITAT hence appeal allowed with direction to AO to verify the documents.

Bail in GST fake firm registration rejected due to grave economic offence: Allahabad HC

January 27, 2025 585 Views 0 comment Print

Allahabad High Court rejected bail application of applicant involved in GST fake firm matter since the case of bail is not made out in economic offence where money trail of crores and co-accused discharge application has already been rejected.

TDS not deductible on commission paid to foreign agents as no PE in India

January 27, 2025 555 Views 0 comment Print

ITAT Chennai held that payments are in the nature of selling commission to foreign agents who is not having permanent establishment or business connection in India is not taxable in India and accordingly, TDS u/s. 195 not deductible.

Scheme of Arrangement U/S 230 Not Allowed Post E-Auction of Corporate Debtor

January 27, 2025 816 Views 0 comment Print

NCLAT Chennai held that after finalization of process of e-auction sale of Corporate Debtor, it cannot be permitted to consider Scheme of Arrangement proposed under section 230 of the Companies Act.

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