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Exemption u/s 10(23C) Can’t Be Denied if AO Fails to Notify Authority on Contravention

September 23, 2024 807 Views 0 comment Print

Assessee had claimed a tax exemption under Section 10(23C)(vi) which allowed tax exemptions for educational institutions provided certain conditions prescribed by the Chief Commissioner of Income Tax (CCIT) were met.

Matter remanded as TP adjustment could not be at ‘NIL’ as determined by TPO

September 23, 2024 1014 Views 0 comment Print

Assessee claimed to have receiving services in the fields of technology, Services, Risk Information Management, Head quarter, Technology Services/back office support services/treasury/regional headquarter services etc.

Non-intimation to AO before removal of company’s name from ROC, assessment was valid even if passed in name of non-existent entity

September 23, 2024 1110 Views 0 comment Print

Alena Cyprus had also filed its return of income in India for the AY 2018-19 wherein LTCG of Rs. 80,86,75,225 arising from sale of shares to assessee were declared exemption claimed under Article 13 of the India-Cyprus DTAA.

Enquiry Report Against Assessee Quashed due to Procedural Lapses Under Regulation 17(5) of CBLR, 2018

September 21, 2024 984 Views 0 comment Print

Assessee-customs broker firm had challenged the suspension of its license by the Principal Commissioner of Customs, Chennai, and subsequent proceedings initiated for the revocation of its license.

No reassessment if AO failed to issue mandatory notice u/s 143(2) before assessment

September 21, 2024 1650 Views 0 comment Print

Where AO failed to issue a notice under Section 143(2) and proceed directly by rejecting the  return filed by assessee, the reassessment action would thus be liable to be quashed.

Assessment Order passed Without Considering Submission due to approaching Deadline: HC set-aside

September 20, 2024 2025 Views 0 comment Print

The case of assessee-company was that originally the assessment was transferred to the National e-Assessment Centre and notices were issued by the National e-Assessment Centre, New Delhi.

No applicability of sec. 115JB(2)(b) to Union Bank due to non-company status under Companies Act

September 20, 2024 939 Views 0 comment Print

Assessee-bank had calculated tax for the relevant assessment year based on both book profits under Section 115JB at Rs.604,86,39,540 and normal provisions at Rs.1153,29,54,493.

No denial of tax concession on vehicle registered in the name of Trust And not School

September 20, 2024 1680 Views 0 comment Print

Tax Concession on the buses owned by assessee to transport students and staff could not be denied just because the vehicle was registered in the name of Trust and not school as the respective authority failed to see the objects of assessee-trust as an educational Trust.

Light Green Float Glass (tinted non-wired type) should be classified under Tinted Glass subject to detailed examination

September 20, 2024 684 Views 0 comment Print

Light green float glass (tinted non-wired type) should be classified under tinted glass for duty purpose under the Customs Tariff Heading (CTH) 70051010 provided that the goods imported matched the description of “Light Green Float Glass (Tinted Non-Wired Type).

Selling of agricultural land to non-agriculturist remains agricultural land only and could not be classified as Capital Assets

September 19, 2024 2190 Views 0 comment Print

Where an agricultural land was sold to a non-agriculturist, the same did not loose its status as agricultural land and could not be classified as a capital assets.

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