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Judiciary

No tax on amount paid for certification services rendered by foreign entities in absence of fixed place of business in India

August 1, 2024 162 Views 0 comment Print

Understand the Ahmedabad ITAT ruling that payments for certification services by foreign entities are not taxable in India without a fixed place of business. Full order analysis.

Penalty u/s 271G untenable as no transfer pricing adjustment possible due to omission of section 92BA(i): ITAT Mumbai

August 1, 2024 111 Views 0 comment Print

ITAT Mumbai held that no transfer pricing adjustment could have been made in the hands of assessee on account of ALP of specified domestic transactions as section 92BA(i) of Income Tax Act was omitted. Thus, since provisions of section 92D are not applicable, penalty u/s. 271G of the Income Tax Act untenable.

Condonation upto six years permissible in case of genuine hardship: Rajasthan HC

August 1, 2024 300 Views 0 comment Print

Rajasthan High Court held that section 119(2)(b) of Income Tax Act read with CBDT Circular No.09/2015 dated 09.06.2015 clearly reflect that if there is a genuine hardship, then a condonation of upto six years can be permitted. Accordingly, writ allowed.

Weighted deduction u/s 35(2AB) for clinical trials outside approved R&D facilities allowed: ITAT Hyderabad

August 1, 2024 177 Views 0 comment Print

ITAT Hyderabad held that weighted deduction u/s 35(2AB) of the Income Tax Act in respect of clinical trials expenses incurred outside approved R&D facilities is allowable post approval by prescribed authority.

Provisions of section 56(2)(x) of Income Tax Act doesn’t apply to developer: ITAT Mumbai

August 1, 2024 849 Views 0 comment Print

ITAT Mumbai held that provisions of section 56(2)(x) of the Income Tax Act does not apply to developer who has taken over the possession of lawn or building or both for the purpose of the development.

HC Sets Aside Rushed Assessment Order, Criticizes Hurried Assessment Process

August 1, 2024 429 Views 0 comment Print

Karnataka HC ruled in favor of Healthcare Global, setting aside rushed assessment order. The court found hurried process prejudiced petitioner’s response.

VAT Order passed without furnishing material relied: Madras HC directs Reassessment

August 1, 2024 321 Views 0 comment Print

Madras High Court remands VAT orders against Hotel Sun World for reassessment due to failure to provide material evidence. Fresh orders to be issued.

Delhi HC set-aside GST Order for Ignoring Petitioner’s Reply

August 1, 2024 318 Views 0 comment Print

Delhi HC sets aside GST order as it ignored petitioner’s responses to Show Cause Notice. Case remanded for reconsideration with all contentions.

Form GST DRC-01 issued without show cause notice: Madras HC quashes Order

August 1, 2024 687 Views 0 comment Print

Read the detailed judgment where Madras High Court quashes Section 73 orders against Guru Cycle Mart due to Form GST DRC-01 issued without a show cause notice. Understand the implications and legal analysis.

Addition based on seized diary without corroborative evidence not sustainable

August 1, 2024 642 Views 0 comment Print

Bombay HC dismisses Revenue’s appeal in PCIT Vs Timblo Private Limited, stating additions based on seized diary without corroborative evidence are unsustainable.

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