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Enhancement of import value based on consent letter without following due process is unsustainable: CESTAT Ahmedabad

March 23, 2024 330 Views 0 comment Print

CESTAT Ahmedabad held that enhancement of import value merely on the basis of consent letter of the importer without following due process of law as contemplated u/s. 14 of the Customs Act read with Customs Valuation Rules, 2007 is unsustainable in law.

Allahabad HC Invalidates Notice u/s. 148A(b) for Service to Unregistered Email ID

March 23, 2024 3249 Views 0 comment Print

Allahabad High Court held that valid service of notice under section 148 of the Income Tax Act is a condition precedent for making reassessment under section 147. Accordingly, non-service of notice on registered email ID is unsustainable in the eyes of law.

ED cannot proceed for offences under PMLA as FIR in predicate offence is stayed

March 22, 2024 1374 Views 0 comment Print

Jammu & Kashmir HC held that that it was not open to the respondent-Enforcement Directorate to proceed against the petitioner in respect of offences under PMLA once the FIR in respect of the predicate offences had been stayed by the High Court.

Sale of property in favour of third party cannot be declared as void by TRO: Madras HC

March 22, 2024 465 Views 0 comment Print

Madras High Court held that Tax Recovery Officer is not required to declare the sale between the petitioner and the fourth respondent as invalid as the sale is void abinito. Thus, court directed petitioner to institute suit in a civil court to establish right over disputed property.

Projects that received occupancy certificate after 01.05.2017 needs to be registered under K-RERA: Kerala HC

March 22, 2024 489 Views 0 comment Print

Kerala High Court held that all the projects which received occupancy certificate after 01.05.2017 are covered within the purview of the Kerala Real Estate Regulatory Authority (K-RERA Act, 2016) and mandatory registration as proved u/s. 20(1) of K-RERA needs to be obtained.

SC rejects bail application of Satyendar Jain & other in money laundering case

March 22, 2024 471 Views 0 comment Print

Supreme Court rejected the bail application of Shri Satyendar Kumar Jain and others involved in the case of money laundering as appellants have not complied with the twin mandatory conditions laid down in Section 45 of Prevention of Money Laundering Act, 2002.

Receipt from hotel owners for providing various centralized services cannot be treated as FIS

March 22, 2024 240 Views 0 comment Print

ITAT Delhi held that revenue received from various hotel owners for providing various centralized services cannot be treated as fees for included services (FIS) either under Article 12(4)(a) or 12(4)(b) of the India-US tax treaty. Thus, in absence of PE in India, the same is not taxable.

Date of transfer of share is date of contract and not date of agreement: ITAT Mumbai

March 22, 2024 1488 Views 0 comment Print

ITAT Mumbai held that the date of the agreement by no stretch of imagination could be the date of sale of the shares by the assessee. As date of contract of sale would be date of fulfilment of conditions specified in share purchase agreement, date of contract will be treated as date of transfer.

Addition on account of bogus purchases should be limited to profit margin involved therein: ITAT Mumbai

March 21, 2024 1026 Views 0 comment Print

ITAT Mumbai held that addition in case of bogus purchases should be limited to the extent of G.P. rate on purchases. Accordingly, matter remanded with direction to reduce addition only to the extent of profit margin involved in such purchases.

Reopening of assessment u/s. 147 based on change of opinion is unsustainable-in-law: Bombay HC

March 21, 2024 939 Views 0 comment Print

Bombay High Court held that reopening of assessment under section 147 of the Income Tax Act, without any fresh and tangible material, merely on the basis of change of opinion is unsustainable in law.

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