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Judiciary

TNVAT: Section 27(4) 300% penalty inapplicable for mere delayed return filing

August 26, 2024 564 Views 0 comment Print

Madras High Court rules 300% penalty under TNVAT Act Sec. 27(4) can’t be applied solely for delayed returns. Case remanded for reconsideration.

ITAT Mumbai Deletes Section 11(1A) Disallowance on Sale Consideration Investment

August 26, 2024 918 Views 0 comment Print

ITAT Mumbai deletes disallowance of capital gains by DCIT after confirming investment in property with Charity Commissioner approval. Appeal dismissed.

Cross-model utilisation of discount inadmissible u/s. 4 of Central Excise Act: CESTAT Bangalore

August 26, 2024 483 Views 0 comment Print

CESTAT Bangalore held that cross-model utilisation of discount resulting into undervaluation are inadmissible under section 4 of the Central Excise Act, 1944.

Addition u/s. 69A and 68 without finding any fault with evidence is unlawful: ITAT Mumbai

August 26, 2024 1374 Views 0 comment Print

ITAT Mumbai held that confirmation of addition u/s. 69A and 68 of the Income Tax Act without finding any fault with the evidence submitted justifying the transaction is totally unlawful and accordingly liable to be set aside.

Compensation paid to ESOP holders qualifies as perquisite hence taxable as salary income: Madras HC

August 26, 2024 1965 Views 0 comment Print

Madras High Court held that compensation paid to ESOP holders qualifies as perquisite and hence taxable under the head ‘salary’. The same cannot be treated as capital receipt.

Natural Justice Violation: Patna HC Sets Aside Re-assessment for Liquidated Company

August 26, 2024 801 Views 0 comment Print

Patna HC quashes re-assessment order against liquidated company, emphasizing the Liquidator’s right to be heard under the IBC. Re-assessment to proceed with Liquidator’s participation.

CIRP application rejected due to pre-existing dispute between parties: NCLT Mumbai

August 26, 2024 699 Views 0 comment Print

NCLT Mumbai held that the object of the Insolvency and Bankruptcy Code, 2016 [IBC] is not to admit a Corporate Debtor [CD] into Corporate Insolvency Resolution Process [CIRP] when there is pre-existing dispute between the parties.

Geo Membrane fabrics classifiable under HSN Code 59111000 liable to GST @12%: Gujarat HC

August 26, 2024 999 Views 0 comment Print

Gujarat High Court held that Geo Membrane for water proof lining fabrics is classifiable under HSN Code 59111000 liable to GST @12% and not under HSN Code 39269090. Thus excess GST paid is allowable as refund.

Section 263 Invocation Unjustified if No Evidence of Erroneous Order

August 26, 2024 633 Views 0 comment Print

ITAT Ahmedabad held that invocation of section 263 by PCIT unjustified due lack of sufficient evidence to support claim that the order is erroneous and prejudicial to the interest of revenue.

No Arrest Under Section 69 CGST Without Tax Determination Under Sections 73/74

August 26, 2024 1908 Views 0 comment Print

Punjab & Haryana HC rules arrest under Section 69 of CGST Act is invalid without tax determination under Sections 73/74. Case: Vishal Chauhan Vs Haryana GST.

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