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Judiciary

Notional interest for delay in realization of export proceeds from AEs unwarranted: ITAT Mumbai

March 26, 2024 396 Views 0 comment Print

ITAT Mumbai held that as there is complete uniformity in not charging interest from AEs and Non-AEs for delay in realization of export proceeds, addition of notional interest in respect of transactions with AEs in the course of transfer pricing proceedings unwarranted.

Reopening Without Cogent Material & on Mere Surmise/Conjecture is Unsustainable: ITAT Delhi

March 26, 2024 2463 Views 0 comment Print

ITAT Delhi held that the reopening of assessment had been initiated by mere surmise and conjecture without having any cogent material to form a reasonable belief that income of the assessee had escaped assessment within the meaning of section 147 of the Income Tax Act.

AO can invoke Section 154 for Glaring Mistakes in Assessment Orders

March 26, 2024 2886 Views 0 comment Print

Where an AO had also failed to do what was required under the law at the time of passing Assessment Order and had passed an Assessment Order with such defects, such assessment orders could be rectified by the officer by exercising power under section 154.

ITAT allows Expenditure on power of attorney, air tickets, hotel stays against capital gain

March 24, 2024 12294 Views 0 comment Print

In Adil Rehman’s case, ITAT Hyderabad allows expenditure on special power of attorney, air tickets, hotel stays, etc., as deductible in computing capital gains under Section 48(i) of the Income Tax Act.

India-Thailand DTAA: Non-Resident’s Fee for Technical Services Exempt from Taxation

March 24, 2024 2328 Views 0 comment Print

Discover the ITAT Delhi ruling on taxing income from providing business support services to Indian group entities. Analysis of Solvay Asia vs. DCIT case under India-Thailand DTAA.

Issuing Summons Not Considered Initiation under CGST Act Section 6(2)(b): Rajasthan HC

March 24, 2024 1128 Views 0 comment Print

Rajasthan High Court clarifies that issuance of summons under CGST Act isn’t barred by initiation of proceedings by State Authorities. Detailed analysis of Rais Khan case.

ITAT Allows Indexed Cost of Construction for Penthouse Regularized on Sale Date

March 24, 2024 780 Views 0 comment Print

Read the detailed analysis of ITAT Bangalore’s decision in Jayanti Vasishta vs ITO allowing indexed cost of construction for a penthouse regularized on the sale date.

Dealer Advertisement Expenses not includible in Assessable Value for Excise Duty

March 24, 2024 384 Views 0 comment Print

Discover the legal nuances behind excluding dealer advertisement expenses from assessable value. Analysis of Suzuki Motorcycle India Private Limited Vs Commissioner of Central Excise (CESTAT Chandigarh).

Registrar of Companies Fees for Working Capital Enhancement is Capital Expenditure

March 24, 2024 633 Views 0 comment Print

Explore the case of Dharani Developers Private Limited Vs ACIT, addressing whether fees paid to Registrar of Companies for enhancing working capital should be treated as revenue or capital expenditure.

Section 2(22) Not Applicable to Non-Beneficiary Shareholders: ITAT Kolkata

March 24, 2024 381 Views 0 comment Print

In DCIT Vs Eko Diagnostic Pvt. Ltd., ITAT Kolkata rules that Section 2(22) of Income Tax Act doesn’t apply to non-beneficiary shareholders in loan-receiving companies.

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