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Reopening of assessment under Section 147/148 not permissible when final settlement order under Section 245D(4) has been passed

March 20, 2024 882 Views 0 comment Print

Delve into the crucial judgment of Orchid Infrastructure Developers Pvt Ltd Vs PCIT, where the Delhi High Court ruled against reopening assessments under Section 147/148 after a final settlement order under Section 245D(4).

Goods smuggled from Foreign Origin without customs clearance in absence of reasons to believe was invalid

March 20, 2024 402 Views 0 comment Print

In the absence of “reason to believe” recorded by the authorities, revenue authorities had hopelessly failed to bring out to recordthat  the goods (here Arecanuts) imported from outside the country was without valid customs clearance.

HC upholds ITAT decision deleting addition of LTCG on penny stock

March 19, 2024 1164 Views 0 comment Print

Bombay High Court affirms ITAT’s deletion of LTCG addition on penny stock in PCIT Vs Ziauddin A Siddique case. Detailed analysis of the judgment provided.

Payment Gateway not liable under PMLA, 2002 for mere negligence without intent

March 19, 2024 423 Views 0 comment Print

Explore the legal battle between Razorpay Software Pvt. Ltd. and the Union of India, as Karnataka High Court examines the impugned proceedings under PMLA Act.

Significant differences in product segments & marketing strategies: ITAT excludes comparable

March 19, 2024 237 Views 0 comment Print

Delhi High Court rules in favor of Oriflame India Pvt Ltd, withdrawing TPO’s proposed income adjustments, applies TNMM over RPM. Details of the case analysis here.

ITAT Must Correct Manifest Error in its order: Delhi HC

March 19, 2024 339 Views 0 comment Print

Delhi High Court rules ITAT should recall its order under Section 254 to correct a manifest error apparent on record in PCIT vs Fiserv India Pvt Ltd case. Details here.

Presumption of Interest-Free Usage When Interest-Free & Interest-Bearing Funds Are Mixed

March 19, 2024 399 Views 0 comment Print

Analysis of Bombay High Court’s ruling in CCIT(OSD)/PCIT Vs Bhupendra Champaklal Dalal regarding presumption of interest-free usage of funds when interest-free and interest-bearing funds are mixed

AOs failed to complete Assessment within time limit: Deposited Amounts cannot be retained

March 19, 2024 402 Views 0 comment Print

Delhi High Court rules that Income Tax Officer cannot withhold taxpayer’s deposited amount without framing final assessment order during stay period. Full judgment analysis.

Tax Recovery Officer doesn’t have jurisdiction to declare sale of property as void: Madras High Court

March 19, 2024 459 Views 0 comment Print

Madras High Court held that Tax Recovery Officer cannot declare sale made by the assessee in favour of 3rd party as void. It is the function of civil court to declare a transaction as null and void and the Tax Recovery Officer cannot exercise the said function.

ITAT Dismisses MA for Unraised Arguments, Highlights Limited Section 254(2) Scope

March 19, 2024 312 Views 0 comment Print

In the case of Aurobindo Pharma Limited Vs ACIT before the ITAT Hyderabad, a Miscellaneous Application (MA) was dismissed as it raised arguments not presented during the main appeal and emphasized the restricted scope of Section 254(2).

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