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Judiciary

Sale of property taxable under capital gain as rent income assessed under house property

December 2, 2024 1395 Views 0 comment Print

Held that the requirement of ensuring uniformity and consistency in tax assessments cannot be overlooked, especially while categorizing the nature of the activity carried on by an assessee to earn its income for the purposes of taxation.

Benefit of notification 52/2003-Cus. dated 31.03.2003 admissible on re-import of rejected goods

December 2, 2024 882 Views 0 comment Print

Assistant Commissioner, however, rejected the benefit of the Notification No.52/2003-Cus. dated 31.03.2003. Commissioner (Appeals) upheld the order of the adjudicating authority. Being aggrieved, the present appeal is filed.

Addition set aside as active involvement in price manipulation of scrip not demonstrated

December 2, 2024 624 Views 0 comment Print

The CIT(A) has also not given any independent finding after verifying that whether there is an actual syncronised trading between the assessee and that of company scrip i.e. M/s. Radhe Developers Ltd.

Government grant to meet day-to-day expense not taxable under GST: Kerala HC

December 2, 2024 1230 Views 0 comment Print

There is nothing which would indicate that the petitioner had received any consideration from the Government, the KIIFB or the General Education Department as consideration for the supply of goods or services.

No further addition if no addition on the grounds for re-opening of assessment

December 2, 2024 2250 Views 0 comment Print

Delhi High Court dismisses Revenue’s appeal in Naveen Infradevelopers case, ruling that no addition can be made post-reassessment if no additions were made initially.

Recourse u/s. 147 not prohibited if conditions of reopening u/s. 153C not satisfied

December 2, 2024 1248 Views 0 comment Print

Delhi High Court held that non-satisfaction of conditions for reopening assessment u/s. 153C of the Income Tax Act doesn’t prohibit AO from taking recourse u/s. 147. Thus, reopening u/s. 147 based on information from investigation wing justified.

Alleged accommodation entries not entered by assessee hence revenue’s appeal dismissed

December 2, 2024 975 Views 0 comment Print

ITAT Ahmedabad held that appeal filed by the revenue is liable to be dismissed since the alleged accommodation entries are not entered by the assessee and no contrary evidences proving the same has been produced by the revenue.

Orissa HC Restores GST Appeal considering non-attendance due to Health Issues

December 2, 2024 549 Views 0 comment Print

Orissa High Court reinstates taxpayer’s appeal, acknowledging health issues that prevented attendance at hearings, allowing further defense opportunity.

Rejection of application u/s. 9 of IBC justified due to pre-existing dispute: NCLAT Delhi

December 2, 2024 657 Views 0 comment Print

The Appellant- Operational Creditor had undertaken to provide services for production of Television Commercial, print shoot and digital content for the Respondent -Patanjali Paridhan Private Limited under the terms of proforma invoice dated 17.10.2018.

CENVAT Credit of fuel oil in engine room of ship imported for breaking is available

December 2, 2024 792 Views 0 comment Print

CESTAT Ahmedabad held that the fuel oil lying in the engine room is part and parcel of the ship which is imported for breaking and hence CENVAT Credit is duly admissible on the same.

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