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Judiciary

Invoices covered u/s. 10A to be excluded while analysing application u/s. 9 of IBC: NCLT Delhi

December 19, 2024 126 Views 0 comment Print

NCLT Delhi held that admissible of application under section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) not justified since invoices covered under section 10A has to be excluded and accordingly amount claimed will be less than threshold limit of Rs. 1 Crore.

Late filing of Form 67 couldn’t override rights under DTAA

December 19, 2024 183 Views 0 comment Print

Despite late filing of Form 67, assessee deserved the credit for taxes paid in Nepal since the provisions of DTAA (in this case DTAA with Nepal) had an overriding effect over other provisions of the Act.

No addition as there was lack of proper persuasion before Lower Authorities, directed for re examination

December 19, 2024 141 Views 0 comment Print

It was felt that the minute details of matching of accounts, working out the exact quantum of turnover from the bank accounts and matching of vouchers with expenses claimed could not be done by this Bench of ITAT.

HC couldn’t indulge in factual examination of dispute u/s 68 as it was beyond scope of appeal u/s 260A

December 19, 2024 138 Views 0 comment Print

ITAT order was based on the fact that assessee had discharged its onus to prove the identity and creditworthiness of the share subscribing companies and the genuineness of the transactions.

Reassessment was valid as Section 147 And 153C could be applied interchangeably

December 19, 2024 393 Views 0 comment Print

Assessee had not challenged the validity of reopening, though for the first time, assessee had challenged the action of AO by taking plea that AO should have assessed assessee under section 153C and not section 147/148.

Directed to deposit 25% of disputed tax for failure to reply GST notice and attended hearing

December 19, 2024 807 Views 0 comment Print

Madras High Court held that order confirming demand due to mismatch between returns under GST set aside with condition to deposit 25% of disputed tax amount since petitioner neither replied to DRC-01 and neither attended personal hearing.

Delay of 85 days condoned on medical grounds: ITAT Bangalore

December 19, 2024 378 Views 0 comment Print

ITAT Bangalore held that delay of 85 days in filing of appeal before CIT(A) condoned on medical grounds. Accordingly, matter remitted back to CIT(A) for fresh consideration on merits.

GST Order passed due to non-appearance set aside with condition to deposit 25% of disputed tax

December 19, 2024 306 Views 0 comment Print

Madras High Court set aside order passed in respect of excess claim of input tax credit, due to non-appearance on the part of petitioner, with the condition to deposit 25% of the disputed tax amount. Directed to grant opportunity of being heard on payment of required amount.

GST liability to be discharged individually in each state for works contract executed in two states

December 18, 2024 3990 Views 0 comment Print

Telangana High Court held that nature of supply of works contract executed in two states is intra-state, accordingly, tax liability shall be discharged individually in each state to the extent of proportion of works executed.

Matter remitted as lower authorities failed to examine evidences with regard to deduction u/s. 80P(2)(a)(i)

December 18, 2024 561 Views 0 comment Print

The assessee is a souharda cooperative society duly registered under the Karnataka Souharda Sahakari Act, 1997 and is engaged mainly in the business of accepting deposits from members and lending credit facilities to its member.

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