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Allahabad HC Upholds Penalty for goods transported without e-way bill

March 11, 2025 1776 Views 0 comment Print

Allahabad High Court confirms penalty for goods transported without e-way bill, stressing mandatory compliance post-April 2018 amendment.

Right not registered in India cannot be deemed to exist in Indian Territory

March 11, 2025 651 Views 0 comment Print

Analysis of Getz Pharma Vs Commissioner of Service Tax case on refund of CENVAT credit under Rule 5 of Cenvat Credit Rules. CESTAT Mumbai remands matter for reconsideration.

Alternate claim of delayed payment of PF & ESIC u/s. 37(1) not accepted

March 11, 2025 1446 Views 0 comment Print

ITAT Mumbai held that as per section 36(1)(va) delayed payment of PF & ESIC has to be treated as income of the assessee. Hence, alternate claim of deduction of the same u/s. 37(1) of the Act is not acceptable.

Revision u/s. 263 for mere non-production of certificate in Form 3CL not justified

March 11, 2025 654 Views 0 comment Print

ITAT Chennai held that PCIT cannot term order passed by AO as erroneous and prejudicial to the interest of revenue merely for non-production of Form 3CL for claiming weighted deduction under section 35(2AB) of the Income Tax Act.

Work contract services to railways eligible for concessional tax rate of 12%: Madras HC

March 11, 2025 1425 Views 0 comment Print

Madras High Court held that works contract services pertaining to railways is covered by Notification 11 of 2017 CGST (RATE) dated 28.06.2017 as amended vide Notification No. 20/2017 dated 22.08.2017, Notification No.8 of 2017 Integrated Tax (Rate) dated 28.06.2017 and hence concessional tax rate of 12% applicable instead of 18%.

Initiation of reassessment u/s. 147 based on search action instead of 153A/153C is untenable

March 11, 2025 1938 Views 0 comment Print

Bombay High Court held that once search action u/s. 132 of the Income Tax Act is the foundation of the case, assessment could be initiated only under section 153A/ 153C. Thus, initiation of reassessment proceedings u/s. 147 is liable to be quashed.

Kerala HC directed to keep recovery proceedings in abeyance till final disposal of appeal

March 11, 2025 909 Views 0 comment Print

Kerala High Court held that recovery proceedings in the matter of applicability of TDS u/s. 192 in case of consultant doctors being employees of hospital is to be kept in abeyance pursuant to pending final disposal of appeal.

No addition u/s. 28(iv) for free of cost assets from sister concern as no benefit derived

March 11, 2025 1197 Views 0 comment Print

ITAT Bangalore held that addition under section 28(iv) of the Income Tax Act for receiving fixed assets from sister concern on free of cost basis unjustified as no benefit is derived from the same. Accordingly, order of CIT(A) upheld and appeal of revenue dismissed.

ITAT allows Section 80JJAA Deduction & Additional Depreciation on Software Equipment

March 11, 2025 1641 Views 0 comment Print

An employee should be employed for 300 days or more during the previous year should be applied cumulatively across the year of hiring and the following year, rather than restricting it to the first year.

Property attachments & garnishee proceedings: Kerala HC directs expedited appeal disposal

March 11, 2025 1269 Views 0 comment Print

Kerala HC directs expedited appeal disposal for Ajas N Shamsu, addresses property attachments and stay of garnishee proceedings.

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