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Rathi

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Taxability of rental income from letting out of building along with furniture & fixtures

June 19, 2024 1377 Views 0 comment Print

Explore the detailed analysis of the Active Securities Ltd Vs ITO (ITAT Delhi) case regarding the taxation of rental income from letting out buildings and assets. Understand the implications under ‘Income from other sources’ and ‘Income from house property’.

Guarantee Commission Charges taxable in India as “other income” under Article 23(3) of Indo-UK DTAA

June 12, 2024 354 Views 0 comment Print

Guarantee commission charges received by a foreign parent company from its Indian subsidiaries were taxable in India, not as interest but as “other income” under Article 23(3) of the DTAA.

No Assessment Order could be Passed in name of Non-Existent Entity after an intimation was given to AO

June 12, 2024 1434 Views 0 comment Print

ITAT Mumbai invalidates income tax assessment for a merged entity, emphasizing the legal principle against actions on non-existent entities.

No power to Adjudicating Authority to substitute its own Assumption with CoC’s Commercial Wisdom

June 7, 2024 651 Views 0 comment Print

Dive into the NCLAT judgment on Sarda Energy vs Ashish Arjunkumar Rathi, exploring why the Adjudicating Authority can’t substitute CoC’s decisions.

National Faceless Assessment Centre was Prescribed Income tax Authority for issuance of notice u/s 143(2)

June 6, 2024 1440 Views 0 comment Print

Assessee was a commercial bank having its head office in France and had 8 branches in India. Assessee was involved in normal banking activities including financing of foreign trade and foreign exchange transaction

Jharkhand HC Denies Bail to Former Chief Engineer’s Father in Money Laundering Case

May 31, 2024 327 Views 0 comment Print

There was sufficient evidence collected by the respondent Enforcement Directorate to prima facie come to the conclusion that assessee were actively involved in the offence of Money Laundering as defined in Section 3 of the PMLA.

Assessee Can Avail DTVSV Act Benefits Even if Appeal Limitation Period Not Expired

May 31, 2024 204 Views 0 comment Print

Assessee can’t be obstructed from availing of the benefits of the Direct Tax Vivad se Vishwas Act, 2020 (DTVSV Act) even where the time limit for an appeal had not expired as DTVSV Act aspired to finally free the tax arrears locked in the litigation combat for ages and ultimately ensures timely collection of tax.

Time-barred claims by Creditors in IBC Proceedings should not to be considered

May 24, 2024 609 Views 0 comment Print

Analysis of Pooja Mehra vs Victory Ace case before NCLAT Delhi. Understanding IBC time limits, belated claims, and implications for creditors. Detailed judgment breakdown.

Section 127 of IT Act can be invoked for public interest, administrative convenience and meaningful assessment

May 21, 2024 1395 Views 0 comment Print

Powers of Section 127 could be invoked for public interest and administrative convenience and the ground of coordinated investigation was a good ground of transfer.

IT Support Payments Not FTS under Article 12 of India-Netherlands DTAA

May 18, 2024 459 Views 0 comment Print

In a landmark ruling, ITAT Mumbai provides relief to Shell IT, asserting that payments for IT support aren’t considered FTS under India-Netherlands DTAA.

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