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Judiciary

Compensation for unilaterally terminating certain obligation under agreement is business income: ITAT Mumbai

March 20, 2024 408 Views 0 comment Print

ITAT Mumbai held that compensation received by the assessee in out of court settlement for unilaterally terminating certain obligation under the agreement is an income assessed to business income and not an income assessed to capital gains as claimed by the assessee.

Jurisdiction assumed by AO at Mumbai invalid as assessee resided and carried profession at Bangalore: ITAT Mumbai

March 20, 2024 498 Views 0 comment Print

ITAT Mumbai held that assessee was residing as well as carrying on her profession at Bangalore and thus, assumption of jurisdiction by the AO at Mumbai was invalid. Thus, an order which is passed without jurisdiction is non est in the eyes of law.

Revisional jurisdiction u/s 263 not invocable when AO takes one possible view: ITAT Delhi

March 20, 2024 213 Views 0 comment Print

ITAT Delhi held that PCIT cannot assume revisional jurisdiction under section 263 of the Income Tax Act when in case of debatable issue, out of the two possible views, AO accepts one of the views.

Portal Access Issue: Delhi HC Directs Re-Adjudication for GST Registration Cancellation

March 20, 2024 369 Views 0 comment Print

Delhi High Court directs re-adjudication in case of failure to reply to GST Registration cancellation SCN due to portal access issue. Full judgment analysis.

Delhi HC Sets Aside GST Registration Cancellation Order

March 20, 2024 372 Views 0 comment Print

Read about Ganesh Sales Corporation’s case where Delhi HC overturns GST registration cancellation due to procedural lapses in the show cause notice and order.

Section 143(1) Intimation Without Hearing Assessee Is Unlawful: ITAT Kolkata

March 20, 2024 1239 Views 0 comment Print

Analysis of Aashirvad Villa Limited Vs ITO case by Kolkata ITAT regarding the proceeding upon intimation passed U/s 143(1) without granting reasonable opportunity of hearing to assessee.

Delhi HC Modifies Order cancelling GST registration for failure to furnish returns

March 20, 2024 279 Views 0 comment Print

Detailed analysis of the Delhi High Court’s modification of the order in Manish Anand Vs AVATO Ward-45 State Goods And Services Tax & Ors. regarding the retrospective cancellation of GST registration for failure to furnish returns.

ITAT Delhi allows Section 80IA deduction following rule of Consistency

March 20, 2024 210 Views 0 comment Print

ITAT Delhi allowed the Section 80IA deduction for Celebi Delhi Cargo Terminal Management India Pvt. Ltd. as it was previously allowed in earlier years and consistent decisions were made in favor of the deduction for the same activity.

If Assessee Earns Interest at Arm’s Length Rate no Transfer pricing Adjustment Needed

March 20, 2024 264 Views 0 comment Print

Analysis of Maharashtra Seamless Ltd Vs DCIT case where no transfer pricing adjustment was needed as the assessee earns interest at arm’s length rate.

TP adjustment towards brand development services deleted as no contract exists between the parties: ITAT Chennai

March 20, 2024 165 Views 0 comment Print

ITAT Chennai held that transfer pricing adjustment towards brand development services unjustified in absence of contract amongst the assessee and its associated enterprises. Accordingly, AO directed to delete addition made towards brand fee adjustment.

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