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Judiciary

Deduction u/s. 80-IB disallowed for interest on staff advances and bank deposits: ITAT Ahmedabad

October 18, 2024 519 Views 0 comment Print

ITAT Ahmedabad held that deduction under Section 80-IB/80-IE of the Income Tax Act disallowed on loan to employees and bank deposits as such interest income is not income derived from industrial undertaking.

TDS not deductible on bandwidth charges remitted to foreign telecom service: ITAT Delhi

October 18, 2024 1479 Views 0 comment Print

ITAT Delhi held that bandwidth charges remitted by the assessee to foreign telecom service providers cannot be treated as royalty either under the applicable treaty provisions or u/s 9(1)(vi) of the Income Tax Act. Hence, assessee not required to deduct tax at source.

Petition contesting musician service within section 65B(44) of Finance Act dismissed: Madras HC

October 18, 2024 540 Views 0 comment Print

Madras High Court in the case of coverage of musician service within the meaning of section 65B(44) of the Finance Act dismissed the petition with direction to furnish reply to the show cause notice and accordingly issue can be adjudicated and decided by Adjudicating Authority.

Transfer of property cannot be declared void u/s. 81 of CGST Act without specific finding by competent authority

October 18, 2024 2334 Views 0 comment Print

Andhra Pradesh High Court held that transfer of property cannot be declared as void by invoking provisions of section 81 of the Central Goods and Services Tax Act, 2017 unless there is a finding as to the nature of the transactions by competent authority.

Once indexed renovation expense of co-owner accepted benefit should be granted even without proof

October 18, 2024 825 Views 0 comment Print

Gujarat High Court held that once indexed renovation expense of co-owner accepted, the assessee is not required to produce any documents to prove his share of indexed renovation expense. Accordingly, allowance should be granted even without proof.

Clubbing PPF account of self and minor children for application of prescribed limit unjustified

October 18, 2024 1251 Views 0 comment Print

It is in the said situation that the captioned writ petition has been filed by the petitioners seeking a direction to re-credit the amount of Rs.6,87,021/- to the accounts of the petitioners with interest from the date of debit till the date of actual credit.

Wrongful allowance of set off of brought forward loss prejudicial to interest of revenue: ITAT Cuttack

October 18, 2024 420 Views 0 comment Print

ITAT Cuttack held that AO wrongly allowed the set off of brought forward loss and accordingly order of AO is erroneous and prejudicial to the interest of revenue. Accordingly, revisionary jurisdiction u/s. 263 of the Income Tax Act rightly invoked.

Business income earned by foreign entity not having permanent establishment cannot be taxed in India

October 18, 2024 759 Views 0 comment Print

ITAT Delhi held that it is proved that assessee doesn’t have any permanent establishment in India, during the year under consideration, accordingly, receipts classifiable as business income cannot be taxed in India.

Addition towards cash credit untenable as loan received back in subsequent year: ITAT Surat

October 18, 2024 1086 Views 0 comment Print

ITAT Surat held that addition on account of cash credit in current year untenable since loan is received back in subsequent year and the same is accepted by the department. Accordingly, addition deleted.

Assessee must respond to SCN, raise all grounds & pursue appeal if aggrieved: Bombay HC

October 18, 2024 1143 Views 0 comment Print

Bombay High Court ruled that assessee must respond to SCN and seek alternate statutory appeals if aggrieved. Writ petitions should not be entertained prematurely.

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