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Criminal acquittal did not automatically clear someone in a workplace disciplinary action, minor penalty was imposable

February 5, 2025 309 Views 0 comment Print

Respondent had already reached the age of superannuation and he worked under pressure, penalty of dismissal was disproportionate to the misconduct established against the respondent and his unblemished career for a long time.

TDS and Advance Tax Credits was allowable for Amalgamated Company as per section 199 r/w 198

February 5, 2025 2319 Views 0 comment Print

Assessee also pointed out that the income from these credits was included in its accounts for the year and taxed accordingly. A claim for interest under section 244A for the short refund was also raised.

Assessee entitled to raise objections u/s 264 and 246A even if not raised during original assessment proceedings

February 3, 2025 894 Views 0 comment Print

Respondents submitted that the impugned orders did not suffer from any irregularity or illegality warranting interference under Article 226 of the Constitution of India.

No liability to pay tax due on Secretary of Society as Society was not an ‘Association of Persons’ u/s 2(84) of CGST Act

February 3, 2025 753 Views 0 comment Print

Under a notice, the Sub-Registrar, Chodavaram, Anakapalli District was informed about the arrears of the Society and the requirement to attach the properties of assessee, for recovery of such dues.

No addition u/s 69A for unexplained cash loan as assessee provided sufficient evidence

February 3, 2025 1674 Views 0 comment Print

Addition made under Section 69A for an alleged unexplained cash loan was not justified as assessee provided evidence of receiving the loan through banking channels and not through cash.

Reopening notice u/s 148A was valid if assessee failed to avail of opportunities to respond to same

February 3, 2025 942 Views 0 comment Print

Reopening of notice under section 148A(b) was valid as assessee was served notices both physically and via email and assessee had been granted sufficient opportunity to respond to the notice however, assessee failed to avail the opportunity granted.

No TDS u/s 194H as amount retained by e-commerce platforms were service fees and not commissions

February 3, 2025 1827 Views 0 comment Print

Assessee was not liable to deduct TDS under section 194H as relationship between e-commerce platform and  assessee was not of an agency but that of two independent parties on principal to principal basis.

Exemption u/s 10A was allowable as RBI given ex-post facto approval for export proceeds realization

February 3, 2025 537 Views 0 comment Print

Assessee was entitled to the exemption under Section 10A as ex-post facto approval granted by the RBI, the competent authority under the Foreign Exchange Management Act, 1999, met the requirements of Section 10A(3).

No denial of deduction u/s 80IA(4) for delayed filing of Form 10CCB Audit Report

February 3, 2025 1476 Views 0 comment Print

Deduction under section 80IA(4) couldn’t be denied solely due to the delayed filing of Form 10CCB, as the audit report was filed before the return was processed.

No taxability on Lease Premiums and Rent collected as custodian of State Government

February 3, 2025 558 Views 0 comment Print

Lease premium and other charges received by assessee on behalf of the Government of Maharashtra and the ownership of the land remained with the State Government. Assessee’s role was confined to the development and management of industrial areas.

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