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Application u/s 50 of Prevention of Money Laundering Act, 2002 is not maintainable before Magistrate

November 9, 2022 720 Views 0 comment Print

Karnataka High Court held that application filed u/s. 50 of Prevention of Money Laundering Act, 2002, seeking permission to record written statement of accused, is not maintainable before the learned Magistrate

Indirect involvement liable for prosecution u/s. 3 of Prevention of Money Laundering Act, 2002

November 9, 2022 708 Views 0 comment Print

Madras High Court held that even if the accused was not involved in the criminal activity that generated the proceeds of crime, but, if he is involved in some way or the other with the proceeds of crime so generated, he would be liable to be prosecuted under Section 3 read with 4 of the Prevention of Money Laundering Act.

Agreement having strong root of matter cannot be brushed aside

November 9, 2022 768 Views 0 comment Print

ITAT Delhi held that the trade mark license agreement goes to the root of the matter and hence the same cannot be brushed aside while deciding the matter.

Blocking of electronic credit ledger is possible inspite of NIL or insufficient balance

November 9, 2022 2091 Views 0 comment Print

Calcutta High Court held that provisions of rule 86A(1) of the Central Goods and Services Tax Rules, 2017 nowhere indicates that the electronic credit ledger should contain sufficient balance for the purpose of blocking. Electronic credit ledger can be blocked even if there is NIL or insufficient balance.

Amendment to section 14A of Income Tax Act has prospective effect

November 9, 2022 3225 Views 0 comment Print

ITAT Bangalore held that amendment to section 14A introduced vide Finance Act, 2022 is effective from 1st April 2022. The word for removal of doubts cannot be presumed to have retrospective effect.

Reopening of assessment u/s 148 based on old information is invalid

November 8, 2022 4824 Views 0 comment Print

ITAT Kolkata held that original assessment was made under section 143(3)/147, i.e. scrutiny assessments. Further, there was no fresh information available with the revenue. Hence, reopening of assessments relying on the same information is invalid.

Primary Rate Interface is not fees for technical service hence TDS u/s 194J not deductible

November 7, 2022 3522 Views 0 comment Print

BMC Software India P. Ltd Vs DCIT (ITAT Pune) ITAT Pune held that charges of Primary Rate Interface doesn’t require human intervention and hence doesn’t qualify as fees for technical services. Accordingly, TDS not deductible u/s 194J of the Income Tax Act. Facts- Assessee challenged the disallowance of Primary Rate Interface (PRI) line charges paid […]

18 Month Imprisonment for accepting bribe to furnish Income Tax clearance certificate

November 7, 2022 1362 Views 0 comment Print

Jharkhand High Court held that acceptance of bribe duly proved and accordingly, a punishment of six months simple imprisonment under Section 7 of the PC Act and one year’s simple imprisonment under Section 13 (2) r/w 13 (1) (d) of the P.C. Act with a fine of Rs.1000 sentenced for accepting bribe for furnishing Income Tax clearance certificate

Reassessment based on same material examined in regular assessment is erred in law

November 7, 2022 2061 Views 0 comment Print

Gujarat High Court held that change of opinion on the part of the Assessing Officer acting on the same material which was examined by him in the regular assessment is erred in law.

Clear finding of fact by Tribunal doesn’t require any interference of High Court

November 7, 2022 783 Views 0 comment Print

Telangana High Court held that Tribunal rightly held the addition of LTCG as execution of registered sale deed is valid transfer u/s 2(47)(V). Hence, as the finding of fact by the Tribunal is clear the same doesn’t require any interference.

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