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Dissimilar Firms were excluded from selected comparables while doing TP analysis u/s 92

January 1, 2025 786 Views 0 comment Print

The court held that the other three companies were also carrying out large-scale projects compared to assessee, making them unsuitable for comparison or setting industry standards.

Application to Settlement Commission before 01.02.2021 not hit by provision of section 245C(5)

January 1, 2025 591 Views 0 comment Print

Calcutta High Court held that provisions of sub-section (5) section 245C of Income Tax Act is effective only from 1st February 2021, hence, application before Settlement Commission prior to that date cannot be held as invalid.

Penalty u/s. 271B deleted since reasonable cause shown for belated filing of audit report

January 1, 2025 1164 Views 0 comment Print

Kerala High Court held that penalty under section 271B of the Income Tax Act, for non-compliance with provisions of section 44AB, not imposable since reasonable cause for belated filing of audit report established.

Delay in filing Form 9A condoned since the same was bona fide: Bombay HC

January 1, 2025 981 Views 0 comment Print

In this regard, the petitioner was guided by Central Board of Direct Taxes (“ CBDT” for short) Circular No. 7 of 2018, dated 20 December 2018 for the A.Y. 2016-2017 issued under Section 119(2)(b) of the IT Act.

Interest from borrowed funds which temporarily held in interest bearing deposit is capital cost: Delhi HC

December 31, 2024 2106 Views 0 comment Print

Delhi High Court held that the interest received on borrowed funds, which were temporarily held in interest bearing deposit, is a part of the capital cost and is required to be credited to Capital Work-in-Progress.

An intangible property cannot constitute a Permanent Establishment: Delhi HC

December 31, 2024 1137 Views 0 comment Print

A person residing in USA desirous of transferring money to an individual or an entity in India, approaches a branch or an outlet of the assessee and transfers the money in USDs, together with the charges prescribed by the respondent-assessee.

Granted liberty to pay interest in ten equal instalments since GST already paid

December 31, 2024 672 Views 0 comment Print

Madras High Court, taking into consideration financial crises faced by the petitioner, granted liberty to the petitioner to pay interest amount in ten equal monthly instalments since entire tax (GST) is already paid.

Disciplinary action based on material doesn’t require interference: Punjab and Haryana HC

December 31, 2024 768 Views 0 comment Print

Punjab and Haryana High Court held that disciplinary action taken district judge based on the material is not merely on basis of inference hence writ dismissed stating that there is no scope for interference in the opinion formed by the disciplinary authority.

Last opportunity of hearing provided in case of mismatch between GSTR 3B And GSTR 9C

December 31, 2024 1803 Views 0 comment Print

The impugned order was challenged on the premise that neither the show cause notices nor the impugned order of assessment had been served by tendering to assessee or by registered post, instead it was uploaded in the common portal.

No writ petition was allowable if assessee could avail GST Department’s effective adjudication of matter

December 31, 2024 948 Views 0 comment Print

It was held that writ courts did not interfere in cases where statutory remedies were available unless there was a clear violation of fundamental rights, lack of jurisdiction, or procedural perversity leading to manifest injustice.

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