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Treatment of losses due to exchange rate fluctuation needs effective adjudication hence matter remanded

October 5, 2024 624 Views 0 comment Print

Bombay High Court remanded the matter of correct treatment of losses arising due to exchange rate fluctuation since order doesn’t deal with import of Section 43A of the Income Tax Act and its interplay with section 37(1).

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

October 5, 2024 2502 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.

Orissa HC directed petitioner to find statutory remedy in matter of levy of fine for late filing of bill of entry

October 5, 2024 465 Views 0 comment Print

Orissa High Court dismissed the petition relating to levy of fine due to late filing of bill of entry due to availability of statutory remedy. Directed petitioner to find statutory remedy who can deal with its grievance.

Reopening u/s. 148 justified as full material was not available with AO at time of assessment: Delhi HC

October 5, 2024 609 Views 0 comment Print

The petitioner has filed the present petition impugning a notice dated 27.03.2018 issued under Section 148 of the Income Tax Act, 1961 for reopening the petitioner’s assessment for the Assessment Year 2011-12.

Depreciation can set off against business income and not against income from any other sources: Kerala HC

October 5, 2024 1053 Views 1 comment Print

Kerala High Court held that depreciation allowance is deemed to be business loss for section 71 and 72 and can be set off only against profits or gains of business and not against income from any other sources.

GST on Annuity Payments in Hybrid Annuity Projects & ITC Accumulation

October 5, 2024 2067 Views 0 comment Print

Andhra Pradesh High Court clarifies GST liability on annuity payments under the Hybrid Annuity Model, following CBIC circular on time of supply for National Highway projects.

Aluminium Foil Container Falls under CTH 7615; GST at 12%: Madras HC

October 5, 2024 807 Views 0 comment Print

Madras High Court rules aluminium foil containers fall under Chapter 7615 with 12% GST. This decision overturns prior 18% GST classification.

Sec. 263 Cannot Be Invoked When AO Follows One of Two Possible Views: Chhattisgarh HC

October 4, 2024 1884 Views 0 comment Print

Chhattisgarh High Court reiterated that if the AO’s view is legally permissible, even if it results in a lower tax liability, the revisional authority cannot invoke Section 263 simply because it disagrees with the AO’s approach.

CGST Dept Can’t Institute Legal Proceedings on NCLT Liquidated Corporate Debtor’s Property: HP HC

October 4, 2024 921 Views 0 comment Print

Assessee-company was engaged in the business of manufacturing and trading of Inverters & Batteries and had its factory premises in Himachal Pradesh. For running its operations, it had availed various facilities from financial creditors and also with SBI.

Matter of mismatch of ITC between GSTR-3B and GSTR-1 remanded back: Madras HC

October 4, 2024 1368 Views 0 comment Print

Madras High Court held that matter of mismatch of ITC between GSTR-3B and GSTR-1 remanded back for fresh consideration since non-appearance on the part of the assessee was due to the fact that accountant was not doing well.

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