Section 148A(d) order passed by violation of principles of natural justice: HC directs Fresh order

Nitin Agarwal Vs ITO (Calcutta High Court)

Calcutta High Court directs a fresh order on Income Tax Officer's violation of natural justice in Section 148A(d) case. Details of the judgment here....

Carried forward unabsorbed depreciation permitted to be set off against short term capital gain

J.B Advani &

ITAT Mumbai held that the unabsorbed depreciation which is carried forward from earlier years is permitted to be set off against the short term capital gains....

Delay condoned considering time spent in pursuing review application

Resorts Consortium India Limited Vs Income Tax Appeallate Tribunal Smc-1 (Delhi High Court)

Delhi High Court held that applicant cannot be denied the benefit of time spent by it in pursuing the review application as it was a sufficient cause which sought to explain the delay. Accordingly, delay of 79 days in filing appeal condoned....

Second proviso to section 40(a)(ia) is declaratory and as retrospective effect from 01.04.2005

PCIT Vs Shivaai Industries Pvt. Ltd (Delhi High Court)

Delhi High Court held that the insertion of second proviso to Section 40(a)(ia) of the Act is declaratory and curative in nature and has retrospective effect from 1st April 2005. Petition dismissed in view that appeal doesn’t bear any substantial question of law....

Deduction u/s 80(2)(d) available to co-operative society on interest received on deposits with co-operative bank

Kinjal Heaven Cooperative Society Ltd. Vs ITO (ITAT Mumbai)

ITAT Mumbai held that were the co-operative society receives/earns the interest on deposits with the co-operative bank is eligible for claim of deduction under Section 80(2)(d) of the Income Tax Act....

Nature and source of investment duly explained hence addition u/s 69 not sustained

PCIT Vs Joginder Singh Chatha (Punjab and Haryana High Court)

Punjab and Haryana High Court held that addition under section 69 of the Income Tax Act towards unexplained investment unsustainable as nature and source of the investment duly explained....

Writ against notice not entertained as authority who issued notice should be approached

Tikona Infinet Private Limited Vs State of Andhra Pradesh (Andhra Pradesh High Court)

Andra Pradesh High Court dismissed the writ petition preferred against show cause notice in Form GST DRC-01 as the petitioner is required to approach the authority which has issued the notice and file the necessary objections with evidence....

Madras HC Directs Release of Imported Gold on 100% Custom Duty Payment

Precious Metals Refiners Private Limited Vs Principal Commissioner of Customs (Madras High Court)

Read the full text of the Madras High Court judgment in Precious Metals Refiners Pvt. Ltd. vs. Principal Commissioner of Customs. The case involves the detention of imported Gold Dore Bars misdeclared in the Country of Origin Certificate. The court directs release after 100% duty payment, resolving the dispute. Explore the legal analysis ...

Service tax on cars & Buses given in hiring as contract carriage on payment basis

Shemco India Transport Vs Commissioner of Central Excise (CESTAT Chandigarh)

Understand the law surrounding Service Tax on cars and buses given in hiring as contract carriage on payment basis. Get the full text of the CESTAT CHANDIGARH Order. ...

Double taxation for same service activity is not legally permissible: CESTAT Chennai

Tamilnadu Electricity Board Vs Commissioner of GST and Central Excise (CESTAT Chennai)

Double taxation for same service activity is not legally permissible: CESTAT Chennai ruling - Learn about CESTAT Chennai verdict forbidding double taxation for services, as per the Finance Act of 1994. ...

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December 2023