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Judiciary

Assessee entitled to raise objections u/s 264 and 246A even if not raised during original assessment proceedings

February 3, 2025 861 Views 0 comment Print

Respondents submitted that the impugned orders did not suffer from any irregularity or illegality warranting interference under Article 226 of the Constitution of India.

No liability to pay tax due on Secretary of Society as Society was not an ‘Association of Persons’ u/s 2(84) of CGST Act

February 3, 2025 726 Views 0 comment Print

Under a notice, the Sub-Registrar, Chodavaram, Anakapalli District was informed about the arrears of the Society and the requirement to attach the properties of assessee, for recovery of such dues.

Time spent defending a reassessment notice doesn’t extend the limitation period

February 3, 2025 1257 Views 0 comment Print

Delhi HC ruled that time spent defending a reassessment notice doesn’t extend limitation period for issuing a fresh notice under Income Tax Act.

No addition u/s 69A for unexplained cash loan as assessee provided sufficient evidence

February 3, 2025 1647 Views 0 comment Print

Addition made under Section 69A for an alleged unexplained cash loan was not justified as assessee provided evidence of receiving the loan through banking channels and not through cash.

Reopening notice u/s 148A was valid if assessee failed to avail of opportunities to respond to same

February 3, 2025 918 Views 0 comment Print

Reopening of notice under section 148A(b) was valid as assessee was served notices both physically and via email and assessee had been granted sufficient opportunity to respond to the notice however, assessee failed to avail the opportunity granted.

Advance Ruling on Turnkey EPC Contracts: AAR Gujarat

February 3, 2025 1443 Views 0 comment Print

Gujarat AAR clarifies GST treatment for turnkey EPC contracts, ruling them as indivisible and composite works contracts under CGST Act provisions.

No TDS u/s 194H as amount retained by e-commerce platforms were service fees and not commissions

February 3, 2025 1758 Views 0 comment Print

Assessee was not liable to deduct TDS under section 194H as relationship between e-commerce platform and  assessee was not of an agency but that of two independent parties on principal to principal basis.

Exemption u/s 10A was allowable as RBI given ex-post facto approval for export proceeds realization

February 3, 2025 528 Views 0 comment Print

Assessee was entitled to the exemption under Section 10A as ex-post facto approval granted by the RBI, the competent authority under the Foreign Exchange Management Act, 1999, met the requirements of Section 10A(3).

No denial of deduction u/s 80IA(4) for delayed filing of Form 10CCB Audit Report

February 3, 2025 1434 Views 0 comment Print

Deduction under section 80IA(4) couldn’t be denied solely due to the delayed filing of Form 10CCB, as the audit report was filed before the return was processed.

No taxability on Lease Premiums and Rent collected as custodian of State Government

February 3, 2025 531 Views 0 comment Print

Lease premium and other charges received by assessee on behalf of the Government of Maharashtra and the ownership of the land remained with the State Government. Assessee’s role was confined to the development and management of industrial areas.

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