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FIR quashed as accused is exonerated in departmental proceedings

January 1, 2025 171 Views 0 comment Print

Delhi High Court held that since petitioner has been exonerated in departmental proceedings, the criminal prosecution premised on the same set of allegations cannot be permitted to continue. Accordingly, FIR quashed.

Reopening based on same material on which assessment order was passed is impermissible

January 1, 2025 249 Views 0 comment Print

Held that there was substantive correspondence between the petitioner and the Assessing Officer on all materials and subject matter of reopening and all such materials had formed part of the disclosure by the petitioner.

Application to Settlement Commission before 01.02.2021 not hit by provision of section 245C(5)

January 1, 2025 138 Views 0 comment Print

Calcutta High Court held that provisions of sub-section (5) section 245C of Income Tax Act is effective only from 1st February 2021, hence, application before Settlement Commission prior to that date cannot be held as invalid.

Penalty u/s. 271B deleted since reasonable cause shown for belated filing of audit report

January 1, 2025 282 Views 0 comment Print

Kerala High Court held that penalty under section 271B of the Income Tax Act, for non-compliance with provisions of section 44AB, not imposable since reasonable cause for belated filing of audit report established.

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

January 1, 2025 144 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 213 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 645 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 603 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 414 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 513 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.

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