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Judiciary

Writ dismissed as wrong availment of cenvat credit and passing thereon doesn’t involve question of law

December 27, 2024 456 Views 0 comment Print

Held that in our view, two authorities have examined the facts and have given a finding of fact that the same Cenvat Credit was wrongly availed and passed on to the customer, and this has not been rebutted.

Detention u/s. 129(1) of GST Act affirmed due to deliberate misrepresentation

December 27, 2024 1167 Views 1 comment Print

Calcutta High Court held that detention order under section 129(1) of the West Bengal Goods and Services Tax Act, 2017 affirmed due to mismatch, coupled with a substantial gap between the declared and verified valuation, indicated a deliberate misrepresentation.

Digital or manual signature of officer must for treating order u/s. 73 of CGST Act as valid

December 27, 2024 1251 Views 0 comment Print

Kerala High Court held that orders issued u/s. 73 of the CGST/SGST Acts must carry the digital or manual signature of the officer passing the order in order to treat the order to be a valid order for the purposes of the CGST/SGST Acts.

Disallowance u/s. 56(2)(viib) sustained due to wide fluctuation in value of share within same year

December 27, 2024 882 Views 0 comment Print

ITAT Ahmedabad held that disallowance under section 56(2)(viib) of the Income Tax Act sustained due to wide fluctuation in value of share within a period of less than 5 months and that too within same financial year without accurate explanation.

Denial of benefit u/s. 115BAC for delayed filing of form no. 10IE not justified

December 27, 2024 2046 Views 1 comment Print

ITAT Kolkata held that denial of concessional tax rate benefit under section 115BAC of the Income Tax Act merely for delayed filing of form no. 10IE not justifiable since the substantial justice should not be denied due to technical lapse.

Deduction u/s. 37(1) allowable towards ESOP expense since it is not contingent or notional

December 27, 2024 978 Views 0 comment Print

ITAT Mumbai held that the Employee Stock Option Plans [ESOP] expenses should not be regarded contingent or notional and it should be allowed as deduction u/s 37(1) of the Income Tax Act.

New liability fastened after approval of resolution plan would palpably be illegal

December 27, 2024 774 Views 0 comment Print

Allahabad High Court held that the resolution applicant cannot be saddled with new claims once a resolution plan has been approved. Thus, any new liability being fastened after the approval of the Resolution Plan would inherently and palpably be illegal.

Non-generation of income after setting up of business cannot be ground to disallow expense

December 27, 2024 645 Views 0 comment Print

ITAT Mumbai held that disallowance of entire expenses alleging that assessee has not started its business activity till date not justified since non-generation of income after setting up of business cannot be a ground to disallow expenses.

Filing requirement of Form 10IC for benefit u/s. 115AAB becomes irrelevant in subsequent year

December 27, 2024 1383 Views 0 comment Print

ITAT Delhi held that benefit of section 115AAB of the Income Tax Act availed in the preceding year cannot be denied in subsequent year on the reason of non-filing of prescribed Form 10IC. Accordingly, appeal allowed.

Mentioning wrong PAN number of deceased person, is not a curable defect: ITAT Delhi

December 27, 2024 4992 Views 0 comment Print

The assessee has received Rs. 2,54,24,007/- as interest on enhanced compensation from HUDA after the compulsory acquisition of the agriculture land of the assessee, on which TDS @10% was also deducted.

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