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Stamp duty cannot be levied based on speculative future use or potential market value

September 1, 2024 2124 Views 0 comment Print

Indo Continental Hotels And Resorts Pvt. Ltd. Vs State of U.P. – Allahabad High Court held that stamp duty cannot be levied based on speculative future use or potential market value unless officially reclassified by State from industrial to commercial. Since no such change had been formally declared, the deficiency was deemed improper.

Settlement Commission Orders Not Rectifiable Under Section 154: Madras HC

August 31, 2024 588 Views 0 comment Print

Madras HC rules Settlement Commission orders can’t be rectified under Section 154 of the Income Tax Act, upholding the principles from Brij Lal case.

Water tax and water benefit tax leviable irrespective of actual consumption by owner: Bombay HC

August 31, 2024 1749 Views 0 comment Print

Bombay High Court held that ‘water tax’ u/s. 141(1)(a) (i) and water benefit tax u/s. 140(1)(a)(ii) of the Mumbai Municipal Corporation Act is leviable irrespective of the fact whether water is actually consumed by the owner/occupier or not.

Reassessment after expiry of four years unsustainable as material fact disclosed fully: Bombay HC

August 31, 2024 1122 Views 0 comment Print

Bombay High Court held that initiation of reopening of assessment after expiry of four years from the end of relevant assessment year without failure on part of the petitioner to disclose any material fact fully and truly is unsustainable in law.

No demand of service tax as Venture Capital Trust was not a Juridical Person

August 31, 2024 552 Views 0 comment Print

Assessee was a venture capital trust. Institutional investors contribute money to the trust fund and the same was managed by an Investment Manager. An investigation was conducted by Anti-Evasion Unit of the Jurisdictional Commissionerate against assessee.

Delhi HC directes to prove payment for inward supplies in respect of which refund claimed

August 30, 2024 972 Views 0 comment Print

Delhi High Court directed petitioner to satisfactorily prove that payment was duly made for inward supplies in respect of which it had claimed refund of accumulated Input Tax Credit (ITC).

No suppression as entire facts known to department while issuing first notice: Karnataka HC

August 30, 2024 1707 Views 0 comment Print

Karnataka High Court held that department was aware about the facts while issuing first show cause notice. Hence, no suppression can be held against the appellant and invoked while raising demand for subsequent period. Accordingly, allegation of suppression of facts not sustained.

Case Analysis of Tiger Global International III Holdings v. Authority for Advance Rulings (Income- Tax) & Ors.

August 30, 2024 3690 Views 0 comment Print

Tiger Global International III Holdings Vs Authority for Advance Rulings (Income- Tax) & Ors. (Delhi High Court) The Delhi High Court delivered a significant judgment in the case of Tiger Global International III Holdings v. The Authority for Advance Rulings (Income-Tax) & Ors., reaffirming the importance of the Tax Residency Certificate (TRC) in international tax […]

Limitation period u/s. 263 would be from date of original assessment order as reassessment order is distinct

August 29, 2024 1140 Views 0 comment Print

Rajasthan High Court held that since reassessment order is distinct and different, the period of limitation for exercising powers u/s. 263 of the Income Tax Act would be the date of original assessment order. Thus, entire proceedings barred by limitation.

Allahabad HC Quashes Stamp Duty Order – burden of proof to show land was non-agricultural was on authorities

August 29, 2024 888 Views 0 comment Print

The Allahabad High Court quashed a stamp duty order against Ramvati Rathore, ruling the land was agricultural, and ordered a refund of the amount paid.

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