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Judiciary

Allahabad HC Invalidates Notice u/s. 148A(b) for Service to Unregistered Email ID

March 23, 2024 3450 Views 0 comment Print

Allahabad High Court held that valid service of notice under section 148 of the Income Tax Act is a condition precedent for making reassessment under section 147. Accordingly, non-service of notice on registered email ID is unsustainable in the eyes of law.

Section 41(1) Addition Not Permissible Solely Due to Lapse of Limitation Period: ITAT Mumbai

March 23, 2024 1155 Views 0 comment Print

ITAT Mumbai rules in favor of Ecokrin Hygiene Pvt. Ltd., deleting additions under section 41(1) of the Income Tax Act solely based on the expiration of the limitation period.

ITAT Directs AO to Review All Documents for Determining Deductible Expenditures

March 23, 2024 378 Views 0 comment Print

ITAT Delhi ruling: Loan advanced for repayment of business operation liabilities considered allowable as business expenditure under section 37(1) of the Income Tax Act.

Section 14A was inapplicable in absence of exempt income: ITAT Delhi

March 23, 2024 369 Views 0 comment Print

Assessing Officer computed a disallowance under section 14A concerning non-current investments. However, the assessee had not claimed any exempt income. Citing relevant legal precedents, the Tribunal dismissed the disallowance, affirming that section 14A was inapplicable in the absence of exempt income.

Kerala HC Grants Interim IGST Exemption for Child’s Rare Disease Medicine

March 23, 2024 315 Views 0 comment Print

Read how Kerala HC granted interim exemption to a mother for importing medicine for her child suffering from SMA, exempting her from payment of IGST.

Assessment framed Without Disposal of Assessee’s Objections is Invalid: ITAT Kolkata

March 23, 2024 960 Views 0 comment Print

ITAT emphasized that the AO must decide on the objections raised by the assessee before proceeding with the assessment. Failure to do so renders the assessment bad in law.

Central GST Authority cannot initiate proceedings when State GST Authority has already initiated proceedings on same subject matter

March 22, 2024 1422 Views 0 comment Print

Discover the implications of Rajesh Mittal vs Union of India case on GST proceedings. Learn why Central GST Authoritys actions were halted when State GST Authority initiated proceedings.

ITC Transition not to be denied in case of Input Service Distributor (ISD)

March 22, 2024 1257 Views 0 comment Print

The Bombay High Court in Siemens India Ltd. v. Union of India holds that Input Service Distributors’ entitlement to transition Input Tax Credit (ITC) cannot be denied due to procedural lapses.

ED cannot proceed for offences under PMLA as FIR in predicate offence is stayed

March 22, 2024 1503 Views 0 comment Print

Jammu & Kashmir HC held that that it was not open to the respondent-Enforcement Directorate to proceed against the petitioner in respect of offences under PMLA once the FIR in respect of the predicate offences had been stayed by the High Court.

Sale of property in favour of third party cannot be declared as void by TRO: Madras HC

March 22, 2024 501 Views 0 comment Print

Madras High Court held that Tax Recovery Officer is not required to declare the sale between the petitioner and the fourth respondent as invalid as the sale is void abinito. Thus, court directed petitioner to institute suit in a civil court to establish right over disputed property.

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