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Judiciary

Dismissal of Appeal for Complainant’s Absence on Single Date: HC Granted Leave to File Appeal

August 1, 2024 348 Views 0 comment Print

Bombay High Court grants leave to file an appeal in Jaikiran Prabhaji Nagari Sahakari’s case against Santosh Chudaman Patil after dismissal due to complainant’s absence.

Jurisdictional AO’s Section 148 Notice Violates Section 151A: Bombay HC

July 31, 2024 990 Views 0 comment Print

Bombay High Court invalidates reassessment notice issued by DCIT to Nainraj Enterprises Pvt. Ltd. Learn about the implications and detailed judgment in this landmark case.

Interest from FD linked to business activities is business income: ITAT Mumbai

July 31, 2024 744 Views 0 comment Print

CIT(A) decides that interest income from FD linked to business activities is correctly classified as business income, not “Income from Other Sources.

Right to collect toll is intangible asset & eligible for 25% depreciation: ITAT Delhi

July 31, 2024 213 Views 0 comment Print

Detailed analysis of the ITAT Delhi verdict in BSC C and C Kurali Toll Road Ltd. vs ACIT, addressing key tax dispute issues and depreciation claims.

Exemption u/s 10(38) admissible even if STT not paid on shares acquired on or after 01.10.2004: ITAT Mumbai

July 31, 2024 828 Views 0 comment Print

ITAT Mumbai held that since the shares were acquired on or after 01.10.2004, the assessee would be entitled to claim exemption of LTCG u/s 10(38) of the Income Tax Act even if the Securities Transaction Tax (STT) was not paid at the time of acquisition.

NIIT Foundation conducting systematic and formal instruction, schooling or training qualifies as education activities u/s 2(15)

July 31, 2024 237 Views 0 comment Print

Delhi High Court held that affiliation with and recognition by a regulatory authority are not essential attributes of education under Section 2(15) of the Income Tax Act. NIIT Foundation engaged in conducting systematic and formal instruction, schooling or training qualifies u/s. 2(15).

Notice proposing confiscation of goods without specific reason is untenable: Andhra Pradesh HC

July 31, 2024 423 Views 0 comment Print

Andhra Pradesh High Court held that show cause notice proposing confiscation of goods failed to contain specific reason for confiscation. Further, order relating to confiscation of goods didn’t mentioned DIN. Accordingly, order set aside and matter remanded back.

Appellant’s Absence: Court Can Only Dismiss for Lack of Prosecution, Not on Merits: SC

July 31, 2024 309 Views 0 comment Print

Supreme Court sets aside High Court’s dismissal on merits in Benny D’Souza vs Melwin D’Souza case, restores RSA No.196/2022 for rehearing.

AO Must Make Necessary Deductions Allowed by Tribunal’s Order: Delhi HC

July 31, 2024 291 Views 0 comment Print

Delhi High Court held that once the Tribunal had accorded relief and allowed a deduction, the same was liable to be necessarily made by the AO. Accordingly, order denying relief pursuant to Tribunal decision is liable to be quashed.

Amnesty Scheme Payable Amount Can Be Adjusted from KVAT Refund: Kerala HC

July 31, 2024 288 Views 0 comment Print

Kerala High Court held that adjustment of amount payable under Amnesty Scheme 2020 as against refund amount due to the appellant is permissible. Accordingly, writ allowed and adjustment of amount directed.

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