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Section 2(14): No capital gains tax on Income proceeds from Agricultural Land

August 13, 2024 1302 Views 0 comment Print

Notice under section 148 was issued upon assessee by AO for reassessing the cash deposit as undisclosed income, following approval from the Joint Commissioner of Income Tax (JCIT).

Amount paid by Donor as well as Holding Period of previous owner is required for purpose of computing capital gain in case of ‘Gift’

August 12, 2024 4425 Views 0 comment Print

Assessee, a resident of USA, filed his return claiming refund of Rs.58,57,820/-. During assessment year, assessee had sold two properties for consideration of Rs.1,95,00,0000/- and Rs.72,36,552/- respectively.

Kerala HC Remands Kerala Cricket Association Income Exemption Case to ITAT

August 8, 2024 2490 Views 0 comment Print

Department had challenged the finding of Tribunal on the issue as to whether the income received by the Kerala Cricket Association during the assessment years 2010-11, 2012-13, and 2013-14 would partake of the nature of exempted income going by the provisions of Section 2(15) of the Act

No tax on amount paid for certification services rendered by foreign entities in absence of fixed place of business in India

August 1, 2024 2481 Views 0 comment Print

Understand the Ahmedabad ITAT ruling that payments for certification services by foreign entities are not taxable in India without a fixed place of business. Full order analysis.

HC quashed proceedings against confiscation of jewellery initiated By Customs Authorities due to procedural irregularities

July 30, 2024 822 Views 0 comment Print

Due to flaws in the customs’ valuation process and procedural lapses,  HC favoured assessee for bringing into India a gold chain with pendant in which diamonds were embedded in accordance with Baggage Rules 1998.

Himani Navaratan Oil & Gold Turmeric Cream Ayurvedic Medicine, Liable to 10% GST: HC

July 23, 2024 1008 Views 0 comment Print

Read the detailed analysis of Telangana High Court’s judgment on Himani Navaratan Oil, Gold Turmeric Ayurvedic Cream, and other products. Understand the classification under APGST Act and implications.

TPO has no jurisdiction to question commercial expediency or genuineness of need

July 22, 2024 1086 Views 0 comment Print

The payments, totaling INR 15,59,64,867 for technical assistance and INR 1,99,57,161 as royalty on sales to associated enterprises, came under scrutiny during income tax assessments.

HC Orders Rs. 10 Lakh Compensation for Harassment of Chinese Woman by Custom Department

July 21, 2024 1050 Views 0 comment Print

Read the full text of the Bombay High Court judgment ordering Rs. 10 lakh compensation for harassment of a Chinese woman by Customs officials.

No re-opening of assessment on mere change of opinion without nexus with original materials

July 17, 2024 663 Views 0 comment Print

Assessee was engaged in diamond manufacturing, trading, and windmill power generation, had claimed deductions under sections 35DD and 80IA(4)(iv) during scrutiny assessment. Despite furnishing all details, AO issued a notice for reassessment, alleging income escapement related to the deduction under section 80IA.

ITAT Can Holistically Evaluate Disclosures and Make Additions to Taxpayers’ Declared Income

July 16, 2024 528 Views 0 comment Print

Income Tax Settlement Commission (ITSC) had authority to make additions to the declared income of taxpayers as ITSC’s role was not confined to regular assessments but extended to holistic evaluations of the disclosures and additional income brought to its notice through settlement proceedings.

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