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Creditor must file proof of due service of demand notice to resolution professional first: NCLT Amravati

August 20, 2024 1179 Views 0 comment Print

NCLT Amravati held that the approach of the creditor in filing the proof of due service of the demand notice straightway before Adjudicating Authority, without placing the same before the resolution professional, is improper.

Stay Application Against Trust Registration Cancellation Rejected: Irreparable Loss Not Proven, ITAT Delhi

August 18, 2024 954 Views 0 comment Print

n Legal Initiative For Forest And Environment (LIFE Trust) Vs PCIT (ITAT Delhi), the stay application was denied as the test for irreparable loss was not met.

Contract involving supply of goods & service not taxable under Erection, Commissioning & Installation Services

August 18, 2024 891 Views 0 comment Print

In Topaz Service Corporation Vs Commissioner of CGST (CESTAT Delhi), it was ruled that Erection, Commissioning and Installation Services should only tax pure service contracts, excluding composite contracts with goods.

Section 271(1)(c) Penalty not leviable merely for making a unsustainable claim: ITAT Ahmedabad

August 18, 2024 600 Views 0 comment Print

ITAT Ahmedabad held that merely making a claim that is not sustainable does not amount to furnishing inaccurate particulars of income. Accordingly, penalty u/s. 271(1)(c) of the Income Tax Act not justified.

Payment Under Settlement Memorandum Allowable as Business Expenditure: Bombay HC

August 18, 2024 612 Views 0 comment Print

Bombay High Court held that amount paid towards community services and social welfare under Memorandum of Settlement under the Industrial Dispute Act is allowable as business expenditure.

Construction of new dwelling unit eligible for Section 54F deduction: ITAT Chennai

August 18, 2024 1242 Views 0 comment Print

ITAT Chennai held that construction of new dwelling unit on first floor is eligible for deduction under section 54F of the Income Tax Act as construction was done within stipulated time limit.

Works contract service of construction executed outside India is not taxable under GST: Telangana HC

August 18, 2024 1224 Views 0 comment Print

Sri Avantika Contractors (I) Limited. Vs Appellate Authority for Advance Ruling (GST) and others. (Telangana High Court) Telangana High Court held that consideration received towards ‘works contract service of construction’ which was completely executed outside the territory of India is outside the purview of GST. Accordingly, GST not leviable. Facts- The Government of India (GoI) […]

Section 14A Disallowance Unsustainable if Incorrectness of Claim Unproven: ITAT Ahmedabad

August 18, 2024 417 Views 0 comment Print

ITAT Ahmedabad held that the AO must record a proper satisfaction regarding the incorrectness of the assessee’s claim before invoking Rule 8D u/s. 14A. Thus, in absence of such satisfaction, disallowance u/s. 14A of the Income Tax Act unsustainable.

Ex-Parte Order Without Adjudication on Merits is Unsustainable: ITAT Ahmedabad

August 18, 2024 717 Views 0 comment Print

ITAT Ahmedabad held that passing of ex-parte order by CIT(A) without adjudicating issues on merits, such order is not sustainable in the eyes of law keeping in view provisions of Section 250(6) of the Income Tax Act.

Section 153A Addition Valid Only if Based on Material Seized during search: ITAT Kolkata

August 18, 2024 687 Views 0 comment Print

ITAT Kolkata held that additions u/s. 153A of the Income Tax Act could only be made on the basis of seized material found during the course of search. Thus, making additions in regular assessment without any incriminating material relating to said addition not justified.

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