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Judiciary

TNVAT Section 27(4) Penalty invalid in absence of SCN & ITC Misuse findings: Madras HC

January 23, 2024 597 Views 0 comment Print

Read about Madras High Court’s decision invalidating penalty under Section 27(4) without a show cause notice. Learn about the case T. V. Sundram Iyengar and Sons Limited Vs Assistant Commissioner (ST).

AO cannot restrict cost of fund on ad-hoc basis without any legal basis: ITAT Bangalore

January 23, 2024 441 Views 0 comment Print

Explore the ITAT Bangalore ruling in Sri Kanyakaparameshwari Vividoddesha Sahakara Sangha Niyamita vs. ITO case. AO’s 15% flat rate on ad-hoc basis for cost of funds deleted. Details here.

ITAT upholds Section 80IC Disallowance for Form 10CCB Non-filing

January 23, 2024 1020 Views 1 comment Print

Explore the TVS Srichakra Limited vs. DCIT case at ITAT Chennai, where failure to file Form 10CCB results in disallowance of deduction under Section 80IC. Read the detailed analysis and conclusion.

ITAT Allows Section 80-IAB Deduction for Car Parking, Health Club, Food Court & Interest Income

January 23, 2024 600 Views 0 comment Print

ITAT’s decision favored Candor Kolkata One Hi-Tech Structures, allowing deductions under Section 80-IAB for on various incomes, including car parking, health club, food court, and interest.

Corpus Fund for Homebuyers’ Apartment Maintenance Not a Financial Debt: NCLT Hyderabad

January 23, 2024 1281 Views 0 comment Print

NCLT Hyderabad rules Corpus Fund for homebuyers’ maintenance is not a financial debt under IBC. Analysis of Vasathi Anandi Owners Welfare Association vs. Vasathi Housing Ltd.

HC Quashes Order as AO Overlooked Invoices and E-way Bills

January 22, 2024 948 Views 0 comment Print

Notably, invoices and E-way bills containing details of purchases and movement of goods were not considered. The court emphasized that the order overlooked legitimate evidence supporting the petitioner’s claims.

Personal Hearing Opportunity Mandatory before GST Order: Madras HC

January 22, 2024 1098 Views 0 comment Print

Learn from A.H. Enterprises vs. Deputy Commercial Tax Officer case. Madras HC mandates personal hearing under Section 75 of TNGST Act before tax order. Details here

Notify Customs Commissioner for Goods Detained Over 3 Days: CESTAT Mumbai

January 22, 2024 579 Views 0 comment Print

CESTAT Mumbai held that detention of export goods in excess of 3 days without bringing to notice of the Commissioner of Customs/ Chief Commissioner of Customs is unlawful and untenable in law.

Deduction allowed for Delayed ESI/PF Employee Contribution Deposit: ITAT Raipur

January 22, 2024 5751 Views 0 comment Print

ITAT Raipur held that delayed deposit of employees share of contribution towards ESI/PF for A.Y. 2018-19 allowed as deduction.

Addition u/s. 68 based on report unearthed in case of third party unsustainable

January 22, 2024 2067 Views 1 comment Print

ITAT Ahmedabad held that addition u/s. 68 of the Income Tax Act towards long term capital gain treating sale of scrip as bogus on the basis of report unearthed in case of third party without any cogent material brought against assessee is unsustainable in the eye of law.

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