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Judiciary

No Retrospective Application of 2022 Amendment to Section 14A

September 24, 2024 1014 Views 0 comment Print

Assessee claimed that in section 14A, the disallowance of expenditure even if computed in accordance with Rule 8D could not exceed the exempt income earned in that year.

Amount Received from US Broadcasting Company Not Taxable as “Royalty” Under India-US DTAA

September 24, 2024 837 Views 0 comment Print

Distribution revenue received by Turner Broadcasting System Asia Pacific, Inc. ( TBSAP ), a U.S.-based company, from its Indian affiliate was not taxable as “royalty” under the Income Tax Act, 1961, or the India-U.S.

Interest u/s. 234A waived as circumstances beyond assessee’s control disabled timely return filing

September 24, 2024 1584 Views 0 comment Print

Punjab and Haryana High Court held that interest can be waived in case the circumstances are beyond the control of the assessee in filing return in time. Accordingly, interest u/s. 234-A of the Income Tax Act waived.

Customs recovery proceedings against dead person unsustainable: Delhi HC

September 24, 2024 1107 Views 0 comment Print

Delhi High Court held that initiation of customs recovery proceedings against a dead person is unsustainable and liable to be quashed. Accordingly, recovery proceedings quashed.

Initiation of recovery proceedings based on ex-parte order unsustainable: Madras HC

September 24, 2024 807 Views 0 comment Print

Madras High Court held that initiation of recovery proceedings based on ex-parte order passed without considering the submissions is unjustified. Accordingly, writ allowed and CIT(A) directed to dispose of appeal.

Non-issuance of notice u/s. 143(2) prior to finalizing re-assessment vitiates entire proceeding: ITAT Chennai

September 24, 2024 1008 Views 0 comment Print

ITAT Chennai held that failure to issue notice u/s. 143(2) of the Income Tax Act after issuing notice u/s. 147 and prior to finalizing the re-assessment vitiated the entire proceedings. Accordingly, order quashed.

Reinitiating reassessment on same set of reasons on which assessment already concluded is unsustainable

September 24, 2024 510 Views 0 comment Print

Delhi High Court held that reinitiating of reassessment action u/s. 148 of the Income Tax Act on the same set of reasons on which assessment proceedings had already been concluded is unjustified and hence liable to be set aside.

Deduction u/s. 80P(2)(d) admissible on interest earned from investment with Co-operative Banks: ITAT Mumbai

September 24, 2024 1272 Views 0 comment Print

ITAT Mumbai held that deduction under section 80P(2)(d) of the Income Tax Act admissible in respect of the interest on FDR and savings account earned by co-operating housing society from investment with the Co-operative Banks.

Works Contract Prior to 11.05.2002 Outside Central Sales Tax Act: Madras HC

September 24, 2024 366 Views 0 comment Print

Madras High Court held that work contracts undertaken prior to 11.05.2002 cannot be brought under the purview of the tax net under the Central Sales Tax Act, 1956. Accordingly, order set aside.

Madras HC Sets Aside GST Notice Over One-Day GSTR-3B Filing Delay

September 24, 2024 996 Views 0 comment Print

Madras High Court quashes GST show cause notice for one-day delay in GSTR-3B filing due to COVID-19. Extension recommended by GST Council considered key.

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