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Judiciary

Prima facie Pre-SCN (ASMT-10) Before issue of DRC-01 is Mandatory: HC Grants Stay

March 23, 2024 5535 Views 1 comment Print

Get insights into the Hindustan Construction Company Limited vs Union of India case in the Himachal Pradesh High Court. Learn about the stay of recovery proceedings and the court’s reliance on ASMT 10 and precedent.

Appellant entitled to avail cenvat credit on input services distributed by ISD (HO_

March 23, 2024 474 Views 0 comment Print

CESTAT Kolkata sets aside orders and allows appeals in Nalco Water India Limited Vs Commissioner of CGST & Excise, Howrah case, holding distribution of input service credit on a pro rata basis valid.

HC Quashes GST Order As Section 74 SCN was vague

March 23, 2024 15243 Views 0 comment Print

Analyzing the judgment of Madhya Pradesh High Court in the case of Durge Metals vs. Appellate Authority & Joint Commissioner, State Tax, concerning GST Act violations.

Deduction u/s 36(1)(vii) eligible on interest on loans given for residential purpose for period less than 5 years: ITAT Mumbai

March 23, 2024 1122 Views 0 comment Print

ITAT Mumbai held that income by way of interest on loans given for residential purposes for period less than 5 years is eligible for deduction under section 36(1)(vii) of the Income Tax Act.

Time limit for completing assessment will start from document handing over date even when AO of searched and other person is same

March 23, 2024 1761 Views 0 comment Print

Madras High Court held that even if AO of both searched person and other person is same, for completing Assessment proceedings and passing the Assessment order has to be calculated from the date on which the documents were handed over or deemed to have been handed over to the AO of the “other person”.

Payment towards interconnect usage charges to foreign telecom operators not taxable in India: ITAT Mumbai

March 23, 2024 450 Views 0 comment Print

ITAT Mumbai held that the payment made towards interconnect usage charges to foreign telecom operators does not accrue or arise in India and in the absence of any permanent establishment in India could not be brought to tax in India under Article 7 of DTAA.

Revisional power u/s 263 invocable as order passed without making required inquiry/ verification: Delhi HC

March 23, 2024 324 Views 0 comment Print

Delhi High Court held that assessment order passed without making required inquiries or verification is considered as erroneous and prejudicial to the interest of revenue, accordingly, PCIT rightly invoked revisional powers under section 263 of the Income Tax Act.

Deduction u/s. 80IA accepted in initial AY same cannot be denied in subsequent AY: ITAT Mumbai

March 23, 2024 2007 Views 0 comment Print

ITAT Mumbai held that once assessee’s claim of deduction u/s. 80IA of the Income Tax Act on Supa Wind Power Project 17 MW Unit has been accepted in the initial Assessment Year, the same cannot be denied in the subsequent Assessment Years.

Enhancement of import value based on consent letter without following due process is unsustainable: CESTAT Ahmedabad

March 23, 2024 342 Views 0 comment Print

CESTAT Ahmedabad held that enhancement of import value merely on the basis of consent letter of the importer without following due process of law as contemplated u/s. 14 of the Customs Act read with Customs Valuation Rules, 2007 is unsustainable in law.

Stay Application Consideration Not Tied to 20% Pre-Deposit: Delhi HC

March 23, 2024 12171 Views 0 comment Print

Delhi High Court rules that pre-deposit of 20% demand is not a precondition for considering stay application during the pendency of the first appeal. Read the detailed judgment here.

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