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Judiciary

Delhi HC Sets Aside Order Rejecting GST Appeal Due to Technical Glitches on GST Portal

April 3, 2024 513 Views 0 comment Print

Delhi High Court overturns order rejecting GST appeal due to technical glitches preventing digital data access in GST portal. Full judgment details.

Due Date for Section 36(1)(va) Commences with wages was payable’ & not when disbursed

April 3, 2024 702 Views 1 comment Print

Explore the legal dispute between Kaarya Facilities and ITO over the interpretation of Section 36(1)(va). Due date for wages under scrutiny. ITAT Mumbai ruling analyzed.

No reassessment for Client code modification on failure to prove malafide purpose of shifting profit  

April 3, 2024 405 Views 0 comment Print

Reassessment proceedings on the ground that assessee was one of the beneficiary of Client Code Modification (CCM) by some broker was quashed as there was no material to infer that such client code modification had been done with the malafide purpose of shifting  the profit or evasion of the tax.

ITAT directs CIT(A) to Permit Assessee to Rectify Wrong Assessment Year in Form No. 35

April 3, 2024 318 Views 0 comment Print

Jaipur ITAT directs CIT(A) in Zila Parisad Vs ACIT to permit taxpayer to file a revised appeal memo for correction of error in mentioning assessment year in Form No. 35

No TDS on Sales Commission to Wholly-Owned Subsidiary under Section 40(a)(i)

April 3, 2024 384 Views 0 comment Print

TDS was not to be deducted on payments to Manthan Systems Inc. (MSI) for sales commission under section 40(a)(i) as services rendered to assessee by the said Manthan Systems Inc. was not falling within the ambit of FTS or under Article 12 of the treaty, assessee was not liable to deduct TDS on the payment made to the MSI.

Failure to Record Satisfaction Renders Section 148 Notice Void & Assessment Order Void-ab-initio

April 3, 2024 687 Views 0 comment Print

Analysis of ITAT Mumbai’s ruling on void-ab-initio notice under Section 148 & assessment order. Non-recording of satisfaction renders proceedings unsustainable.

HC Directs Filing of Appeal for Service Tax Penalty Imposed Without Hearing

April 3, 2024 381 Views 0 comment Print

Learn about Madras HC’s decision on service tax imposition without hearing, advising appellate recourse. Details of the case provided.

Allottees’ Rights must be Preserved in CIRP, RP best Suited to determine Business Operations: NCLAT

April 3, 2024 255 Views 0 comment Print

NCLAT held that rights of allottees are safeguarded in CIRP, with RP empowered to make decisions regarding business operations. Details of the judgment provided.

Section 148 Notice cannot be issued to Partner for Transactions Among Partnership Firms

April 3, 2024 693 Views 0 comment Print

Explore the case of Bhagwan Laxman Rokde Vs ITO (ITAT Mumbai) regarding validity of reopening u/s.147, taxation on undisclosed income, and partnership firm transactions.

Section 10(10D) Tax Exemption for Employee on Insurance Policy Assignment by Employer

April 3, 2024 738 Views 0 comment Print

In the Mihir Parikh Vs ACIT case, ITAT Delhi clarifies taxation on maturity proceeds of assigned insurance policies under Sec 10(10D) of Income Tax Act.

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