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Bail in excise policy case granted as there is no likelihood to tamper with witness: Delhi HC

September 25, 2024 567 Views 0 comment Print

Delhi High Court granted bail in excise policy case as ED case is documentary in nature and all the documents are collected and there is no likelihood of his tampering with the witnesses or influencing the witnesses.

Deemed assessment u/s 22(4) was considered as First Assessment Order and notice issued was within limitation period u/s 27

September 25, 2024 1248 Views 0 comment Print

Notices issued to the respective banks attaching the accounts of the assessee maintained with them was valid as assessee did not file returns on time under Rule 7 of the TNVAT Rules, 2007, or submit complete returns for the assessment years, therefore, the deemed assessment passed under Section 22(4) of the TNVAT Act should be considered as the first assessment and the limitation for reopening the Assessment under Section 27 of the TNVAT Act, 2006 would apply only six years thereafter.

No clubbing of clearance values of proprietor and Pvt Ltd. Company for excise duty determination

September 25, 2024 408 Views 0 comment Print

Clubbing of clearance values of proprietorship and Pvt Ltd Company for the purpose Excise Duty Assessment was remanded back to Tribunal on the basis of the principle as to whether the order assailed suffered from perversity or not.

Rent from factory building taxable under the head income from house property: Delhi HC

September 25, 2024 2862 Views 0 comment Print

Delhi High Court held that rental income earned from factory building it taxable under the head Income from house property and is eligible for deduction under provisions of section 24 of the Income Tax Act.

Prior claims against Corporate Debtor stood extinguished consequent to approval of resolution plan under IBC

September 25, 2024 738 Views 0 comment Print

Since upon the completion of Corporate Insolvency Resolution Process (CIRP),  assessee had changed hands and commenced under a new ownership and management, the Bombay High Court held that tax proceedings pertain to period prior to the CIRP, and consequent to the approval of the resolution plan, the tax proceedings stood extinguished.

Delhi HC allows Difference in Purchase & Sale Price of Stock Appreciation Rights as Revenue Loss

September 24, 2024 993 Views 0 comment Print

Delhi High Court held that difference between purchase price of Stock Appreciation Right and the sale price at the time of exercise by the employees, holding the same to be revenue loss allowable as business deduction as expenditure incurred as per SEBI guidelines.

Departmental Officers Can Seek Interim Custody of Seized Currency Notes: Kerala HC

September 24, 2024 825 Views 0 comment Print

Kerala High Court held that competent authorities under the Income Tax Act is entitled to seek interim custody of the currency notes that are seized and produced before the Jurisdictional Magistrate.

Documents in GST Cancellation registration Notice Must Be Provided to Petitioner: Allahabad HC

September 24, 2024 504 Views 0 comment Print

Allahabad High Court directed departmental officer to furnish all documents referred in show cause notice with regard to cancellation of GST registration and also directed to pass speaking order post filing of reply by the petitioner.

Aircraft Leasing Revenue Not Taxable Under India-Ireland DTAA: Delhi HC

September 24, 2024 1107 Views 0 comment Print

Delhi High Court held that as per Article 12 of India-Ireland DTAA revenue receipt from aircraft leasing is outside the purview of taxation. Thus, it is impermissible to invoke section 9(1)(vi) in light of express exemption under DTAA.

Entry tax not amenable on tractor trolly as it is not a motor vehicle u/s. 2(h): Orissa HC

September 24, 2024 660 Views 0 comment Print

Orissa High Court held that tractor trolly is not a ‘motor vehicle’ for the purpose of section 2(h) of the Orissa Entry Tax Act, 1999 and hence not amenable to entry tax. Accordingly, petition allowed.

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