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Judiciary

Matter remanded as due to death of assessee no one responded during assessment proceeding

December 16, 2024 1851 Views 0 comment Print

ITAT Jaipur remanded the matter back to the file of AO since ex-parte order was passed due to non-appearance/ non-furnishing of response since assessee died during pendency of the proceedings.

Matter remitted as voluminous documents submitted during hearing before ITAT

December 16, 2024 675 Views 0 comment Print

ITAT Bangalore held that since assessee filed voluminous documents in paperbooks during the course of hearing before ITAT, the matter is remitted back to CIT(A) for consideration of documents furnished by the assessee and fresh decision as per law.

Disallowance u/s. 36(1)(va) justified since employee’s contribution deposited after due date: ITAT Surat

December 16, 2024 936 Views 0 comment Print

ITAT Surat held that employee’s contribution towards PF and ESI cannot be allowed if it is deposited after the due dates under those Acts but before filing of return. Accordingly, disallowance u/s. 36(1)(va) confirmed and appeal dismissed.

Service tax exempt on laying down of optical fibre cable network since beneficiary is Government

December 16, 2024 828 Views 0 comment Print

Delhi High Court held that the work in the nature of laying down of “Optical Fibre Cable Network” to benefit the defence forces for better communication is exempt from service tax since the ultimate beneficiary of the service is Government of India.

RPM is most appropriate method when goods are purchased from AE and sold in same condition

December 16, 2024 1764 Views 0 comment Print

Delhi High Court held that Resale Price Method (RPM) is the most appropriate method when reseller imports goods from its Associated Enterprise (AE) and the goods are sold in the same condition without any value addition.

Penalty u/s. 112 and 114AA duly imposed for mis-declaration of nature of goods in BOE: CESTAT Delhi

December 16, 2024 1371 Views 0 comment Print

CESTAT Delhi held that penalty under section 112 and 114AA of the Customs Act, 1962 duly imposed since the appellant had intentionally mis-declared the nature of the goods in the Bill of Entry (BOE).

Application u/s. 9 of IBC not maintainable on account of pre-existing dispute: NCLAT Delhi

December 16, 2024 792 Views 0 comment Print

NCLAT Delhi held that application under section 9 of Insolvency and Bankruptcy Code 2016 (IBC) of operational creditor not maintainable due to pre-existing dispute. Further, there was no requirement for the Adjudicating Authority to go under the skin of dispute

Dismissal of appeal for non-payment of advance tax not justified since there is no admitted income: ITAT Agra

December 16, 2024 4578 Views 0 comment Print

ITAT Agra held that dismissal of appeal as per provisions of section 249(4)(b) for non-payment of advance tax unjustified since entre addition made by AO was challenged and there was no other income which is above threshold limit of being taxable.

PBG amount of Corporate Debtor can be demanded by Liquidator u/s. 60(5)(c): NCLAT Delhi

December 16, 2024 618 Views 0 comment Print

NCLAT Delhi held that held that considering the text of Section 60(5)(c) of IBC liquidators can ask for the refund of the Performance Bank Guarantee (PBG) amount, which was given by the Corporate Debtor towards margin money for securing a PBG.

Addition u/s. 69C treating agricultural expense met from undisclosed income not justified

December 16, 2024 1662 Views 0 comment Print

The case was selected for limited scrutiny through CASS. AO observed that the assessee had also from other sources and also from agricultural activities carried out during the year

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