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No claim could be entertained by Resolution Professional arising after commencement of CIRP

October 9, 2024 975 Views 0 comment Print

NCLT rejected the claim stating it was filed after the initiation of CIRP. Appellant filed the appeal under Section 61 of IBC to file his claims at any time before approval of the Resolution Plan by the Committee of Creditors (CoC).

Disallowance u/s 14A was computed @ 0.5% of exempt income earned based on Rule 8D(2)(iii)

October 9, 2024 705 Views 0 comment Print

Assessee challenged the disallowance before the Chennai bench of ITAT arguing that the disallowance of Rs. 134.25 crore under Section 14A was excessive and not justified because only Rs. 74.98 lakh had been spent to earn the exempt income.

No LTCL from off market sale could be offset against capital gains if it was a colourable device to evade tax

October 8, 2024 840 Views 0 comment Print

In view of this, tax officer did not allow the offset of LTCL against LTCG and the carry forward. CIT (A) overturned tax officer’s decision, stating that the transactions were part of legitimate tax planning and that the method of sale was a commercial consideration.

No rectification u/s 292B if Income Tax Assessment Order issued in the Name of a Non-Existent Entity

October 7, 2024 960 Views 0 comment Print

The respondents, on the other hand, would urge us to hold that a failure to place the amalgamated entity on notice was curable and one which would fall within the ambit of Section 292B of the Income Tax Act, 1961.

Revision u/s 263 could be invoked if Order was erroneous and prejudicial to interest of Revenue

October 7, 2024 948 Views 0 comment Print

Assessee explained that borrowed funds were used for investments in partnership firms, generating interest income exceeding expenses. AO accepted the claim and approved the returned income as assessed income.

Gujarat HC quashes GST demand Order on supply of Cotton Seed Oil Cakes

October 7, 2024 1503 Views 0 comment Print

Where assessee had made supply of the cotton seed oil cake as cattle feed, assessee was entitled to exemption under Serial No.102 of Exemption Notification No.2 of 2017 no matter if the product was supplied to traders or directly to consumers.

Interest on non-renewal of ₹2.22 Cr FDs should be recovered from Officers’ Salary: Bombay HC

October 7, 2024 1803 Views 0 comment Print

Commissioner of GST and Central Excise (CX) was directed to recover interest from the salaries or retirement benefits of officers responsible for the non-renewal of fixed deposits (FDs) arising from seized cash during an investigation.

No addition of unexplained jewellery as CBDT Instruction 1916 allows Jewellery Holding for other Family Members

October 5, 2024 9660 Views 0 comment Print

Assessee challenged CIT(A) order before the Bangalore Bench of ITAT arguing that 1450 grams of gold should not be considered unexplained as it fell within the permissible limits of CBDT Instruction No. 1916.

Classification of “Motor Controllers” should be under CTH 8503 0090 as “Parts of Electric Motors” for Import Valuation

October 5, 2024 1191 Views 0 comment Print

Assessee, to avoid delay and demurrage charges, cleared the goods on payment of the enhanced customs duty, under protest, and requested the lower authority to issue the order(s) of assessment under Section 17(5) of the Customs Act, 1962.

No import of vehicle in CKD form if essential components were sourced locally

October 5, 2024 2325 Views 0 comment Print

Until all the components of the complete article were presented together for assessment at the same point of time, Rule 2(a) of General Interpretative Rules could not be invoked to classify the parts as complete article.

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