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Judiciary

Non-Receipt of SCN due to Director’s Death & Cessation of Business: HC directs re-adjudication

August 24, 2024 2112 Views 0 comment Print

Delhi HC overturned ₹2.33 crore GST demand due to non-receipt of SCN and inaccessible GST portal after director’s death and business closure.

No Service Tax on Reimbursement for Actual Costs as its not a taxable service

August 23, 2024 816 Views 0 comment Print

CESTAT Mumbai overturned the service tax demand on Hindustan Construction Co., ruling that reimbursements to group companies do not constitute taxable services.

Granting response time of less than seven days results into breach of principles of natural justice: Bombay HC

August 23, 2024 3171 Views 0 comment Print

This petition under Article 226 of the Constitution of India assails the Assessment Order dated 27 March, 2024 passed by Respondent No.2 under the provisions of Section 144 read with Section 144B of the Income Tax Act, 1961.

Investment by firm allowable as deduction u/s. 54G to partner as per his partnership share: ITAT Rajkot

August 23, 2024 984 Views 0 comment Print

ITAT Rajkot held that each partner is owner of the assets to the extent of his share in the partnership, hence, exemption u/s 54G of the Act, should not be denied to the assessee under consideration.

Penalty on employee of CHA not imposable for wrong availment of drawback by exporter: CESTAT Ahmedabad

August 23, 2024 705 Views 0 comment Print

CESTAT Ahmedabad held that penalty on the employee of CHA (Customs House Agent) cannot be imposed on the charge of wrong availment of drawback by the exporter as proven that he has not been benefited by attempt to claim excess drawback by exporter.

Co-operative credit society providing credit facilities only to its members not hit by section 80P(4): ITAT Mumbai

August 23, 2024 564 Views 0 comment Print

The assessee is a co–operative credit society, registered under Maharashtra co–operative society Act, 1960 and is engaged in providing credit facilities to those CIDCO employees who are members of credit society.

Notice initiating fresh assessment set aside as issued beyond prescribed time limit: Delhi HC

August 23, 2024 1815 Views 0 comment Print

Delhi High Court held that department need to comply with the order of the Tribunal in passing a fresh assessment order within the time limit prescribed under section 153(3) of the Income Tax Act. Thus, notices initiating fresh assessment set aside.

Revision proceedings u/s. 263 cannot be invoked without giving reasons for setting aside assessment order

August 23, 2024 432 Views 0 comment Print

ITAT Chennai held that invoking the revisionary powers under section 263 of the Income Tax Act without giving any reasoning for setting aside the assessment order and merely directing AO verification without any basis is unjustifiable.

Deduction u/s. 80IA(4)(i) allowed to sole developer for developing, operating & maintaining infrastructure facilities

August 23, 2024 528 Views 0 comment Print

ITAT Ahmedabad held that the assessee has established that they were the sole developer in the contracts which are related to the developing, operating and maintaining the infrastructure facilities as envisaged u/s. 80IA(4)(i) of the Income Tax Act.

Interest & Late Fee for Non-Compliance Under Various Acts, Being Compensatory, Are Allowable

August 23, 2024 5508 Views 0 comment Print

ITAT Bangalore allows Vyoma Technologies to claim GST late fees and interest as business deductions, ruling them compensatory, not penal, under Section 37(1).

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