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Judiciary

Indian AE Transactions at Arm’s Length, HC Says No More Attribution

February 13, 2025 96 Views 0 comment Print

Respondent/assessee is a Irish company. It accordingly claimed benefits of the India-Ireland DTAA. ADIR is a wholly owned subsidiary of Adobe Software Trading Company Limited and Adobe Systems Incorporated is the ultimate parent company of ADIR.

CA Accident Prevents Compilation, ITAT Pune Remanded case to CIT(A)

February 13, 2025 117 Views 0 comment Print

In the matter abovementioned ITAT allowed appeal of the assessee for statistical purpose by way of remand after considering that assessee was unable to submit details before CIT (A) due to unfortunate accident of CA.

GST Refund on Excess Tax Paid During Goods Detention: Madras HC Ruling

February 13, 2025 165 Views 0 comment Print

Madras High Court rules that GST paid during detention can be claimed as a refund if excess tax is paid in regular returns. Key insights on Section 129 compliance.

SLP Against TNVAT Order Pending, HC Sets Aside Section 19(5)(c) Order

February 13, 2025 126 Views 0 comment Print

When the power to the statutory authority is granted upto five years to modify the order, it cannot be said that the constitutional authorities would not have power to review the action. SLP against the said decision was pending before the Hon’ble SC.

Calcutta HC condoned delay in GST appeal, citing S.K. Chakraborty precedent

February 13, 2025 210 Views 0 comment Print

Calcutta High Court condoned delay in GST appeal by Kamala Stores, citing S.K. Chakraborty precedent and directing appellate authority to hear case on merits.

Taxpayer Must Provide Comparable Data in Foreign AE Cases:: ITAT remanded matter

February 13, 2025 87 Views 0 comment Print

In the matter above-mentioned ITAT partly allowed the appeal filed by the assessee by remanded it back to file of TPO after considering that assessee didnot submit proper documents before lower authorities.

Patna HC Quashes Antedated Reassessment Order

February 12, 2025 264 Views 0 comment Print

Patna High Court reviews Indian Oil’s tax assessment dispute with Bihar. The case involves demand notices, limitation concerns, and natural justice principles.

West Bengal AAAR Denies GST Exemption on Land Lease Premium

February 12, 2025 213 Views 0 comment Print

West Bengal AAAR denies GST exemption on upfront premium for land lease, citing non-fulfillment of conditions under Notification 12/2017. The ruling clarifies the interpretation of “industrial or financial activity” and ownership criteria for exemption eligibility.

No GST Penalty for Goods Description Mismatch Without Tax Evasion Intent

February 12, 2025 378 Views 0 comment Print

Calcutta High Court quashes GST penalty and goods detention, ruling no intent to evade tax. Authorities directed to release goods within four days.

Exemption notification Conditions Must Be Met for Excise Exemption: CESTAT Chennai

February 12, 2025 189 Views 0 comment Print

CESTAT Chennai held that when the benefit of an exemption Notification is claimed, the claimant has to necessarily fulfil all the conditions prescribed under the said beneficial Notification.

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