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Judiciary

Seizure of ornaments worn by foreign tourist not justifiable: Delhi HC

December 25, 2024 639 Views 0 comment Print

Delhi High Court held the gold jewellery in the form of ornaments worn by the foreign tourist would not qualify for seizure under Rule 3 of the Baggage Rules, 2016. Thus, the detention receipt is accordingly quashed.

Reasons disclosed to assessee for reassessment u/s. 148 cannot be improved subsequently: Delhi HC

December 25, 2024 4812 Views 0 comment Print

Delhi High Court held that validity of reassessment under section 148 of the Income Tax Act has to be determined based on original reasons disclosed to the assessee. Such reasons cannot be improved upon subsequently.

Discharge of burden u/s. 68 involves question of fact and not substantial question of law

December 25, 2024 1071 Views 0 comment Print

Gauhati High Court held that discharge of burden by assessee under section 68 of the Income Tax Act i.e. identity, creditworthiness and genuineness of transaction is question of fact and not substantial question of law. Accordingly, appeal is not maintainable.

Flavoured milk classifiable under 0402 99 90 and hence leviable to 5% GST: Andhra Pradesh HC

December 25, 2024 3783 Views 0 comment Print

The petitioner is a registered dealer under the GST Act, dealing with milk and milk products. As part of its business, the petitioner processes and sells, flavoured milk, to customers within and outside the State of Andhra Pradesh.

GST Authorities Must Intimate Deficiency in GST RFD 03 but Can’t Be Blamed for Unanswered SCN: Bom HC

December 25, 2024 2235 Views 0 comment Print

Bombay HC ruled GST authorities can’t be blamed for no GST RFD 03 if SCN issued but restored the refund application, imposing ₹2L cost for non-compliance.

Material indicating purchase from non-existing entities can be basis for reassessment u/s. 148

December 24, 2024 750 Views 0 comment Print

The petitioner has filed the present petition, inter alia, impugning a notice dated 22.03.2024 issued u/s. 148A(b) of the Income Tax Act, 1961 as well as the order dated 31.03.2024 issued u/s. 148A(d) of the Act.

Madras HC directed strict implementation of Sexual Harassment of Women at Workplace Act

December 24, 2024 1200 Views 0 comment Print

Directions are given by the Hon’ble Supreme Court right from Visakato Aureliano Fernandez Vs. State of Goa and others in respect of the strict implementation of the provisions of PoSH Act.

AO required to pass order within time limit prescribed u/s. 153 pursuant to remand by ITAT

December 24, 2024 3177 Views 0 comment Print

The petitioner is a company registered under the Companies Act, 1956 and is a subsidiary of Huawei Technologies Coopertief U.A (Netherlands). The return of the petitioner was picked up for scrutiny.

Revenue appeal allowed in claiming exemption u/s. 10(38) by manipulating share price of SRK Industries

December 24, 2024 1155 Views 0 comment Print

Supreme Court allowed the appeal of the revenue in manipulation of share price of SRK Industries recording fictitious Long Term Capital Gain and claiming exemption under section 10(38) by following case of Swati Bajaj.

TNMM appropriate method for determining Arm’s Length Price of management fees

December 24, 2024 1059 Views 0 comment Print

ITAT Ahmedabad held that that the activities / services do not qualify as stewardship / shareholder activity. Further, assessee correctly determined Arm’s Length Price in respect of management fees by using Transaction Net Margin Method i.e. TNMM.

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