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Judiciary

Time Spent on Appeal to Wrong Authority not to be included in Limitation Period Calculation

March 18, 2024 669 Views 0 comment Print

Discover the Karnataka High Courts landmark decision on excluding time spent in filing wrong appeals from limitation periods.

Transfer pricing study selecting AE as tested party duly acceptable: ITAT Mumbai

March 18, 2024 201 Views 0 comment Print

ITAT Mumbai held that assessee selecting Associated Enterprise (AE) as “tested party” justifiable. Accordingly, transfer pricing study conducted by the assessee is duly acceptable.

Issuance of Letter of Comfort to banker of AE doesn’t constitute international transaction u/s. 92B: ITAT Mumbai

March 18, 2024 312 Views 0 comment Print

ITAT Mumbai held that there is a fundamental gap between guarantee and Letter of Comfort. Guarantee is a legally enforceable; however, Letter of Comfort is not. Thus, issuing Letter of Comfort to the Bankers of AE, the assessee did not incurred any cost and hence it does not constitute international transaction under section 92B of the Act

Bail application of accused involved in forged GST registration and fraudulent availment of ITC rejected: Allahabad HC

March 18, 2024 750 Views 0 comment Print

Allahabad High Court held that offence relating to forged GST registration for fraudulent availment of input tax credit involving more than Rs. 2600 crore is serious and hence anticipatory bail of the accused rejected.

Revision u/s 263 justified as consistency not followed in treatment of foreign exchange gain/loss: ITAT Hyderabad

March 18, 2024 234 Views 0 comment Print

ITAT Hyderabad held that revision under section 263 of the Income Tax Act justified as consistency not followed in treatment of foreign exchange gain/loss amounts to error in sofar as it is prejudicial to the interest of revenue.

Denial of exemption u/s. 54 due to mistake committed by developer unjustified: ITAT Mumbai

March 18, 2024 432 Views 0 comment Print

ITAT Mumbai held that denial of exemption under section 54 of the Income Tax Act unjustified as appellant cannot be penalized for the mistake committed by the developer/seller in allocating the flat. Thus, exemption u/s. 54 granted as all the conditions satisfied.

Interest expense not allowed as borrowed funds used for earning exempt income: Bombay HC

March 18, 2024 297 Views 0 comment Print

Bombay High Court held that as per section 14A of the Income Tax Act any expenditure incurred in relation to any income which is not included in total income would not be allowed as expenditure. Thus, interest on borrowed funds used to earn dividend which is exempt from tax cannot be allowed as expenditure.

Jurisdiction u/s 153C assumed based on satisfaction note date when date of handing over of material unavailable: ITAT Delhi

March 18, 2024 399 Views 0 comment Print

ITAT Delhi held that in absence of mentioning the date of handing over of material, date of satisfaction note shall be considered for the purpose of assumption of jurisdiction u/s 153C of the Act and completion of assessment thereafter.

Revision order passed u/s. 263 unacceptable as based on reassessment order which itself is unsustainable: ITAT Delhi

March 18, 2024 462 Views 0 comment Print

ITAT Delhi held that once the reassessment order passed by AO is not sustainable in the eyes of law, any revision order passed u/s. 263 of the Income Tax Act seeking to revise such reassessment order cannot be accepted in the eyes of law. Accordingly, revision order passed u/s. 263 quashed.

Order passed outside the purview of show cause notice is unsustainable: Allahabad HC

March 18, 2024 1815 Views 0 comment Print

Allahabad High Court raps GST Dept for inconsistent approach towards unutilized ITC refund claims, grants relief to Samsung India Electronics. Full judgment analysis.

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