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Judiciary

Dept. Cannot Retain Deposited Amount Under Protest: CESTAT Allahabad

January 16, 2024 474 Views 0 comment Print

CESTAT Allahabad rules in Jalan Con Cast Ltd. vs. Commissioner case. Detailed analysis on department’s power to retain deposited amount under protest.

Section 248 Inapplicable to Tax Liability in Dividend Distribution by a Company

January 16, 2024 684 Views 0 comment Print

Explore the Madras High Court’s ruling on Section 248’s inapplicability to dividend declarations. Detailed analysis and implications of the judgment.

Issuance of Forms GST DRC-01 & DRC-01A is a statutory requirement: Madras HC

January 16, 2024 10350 Views 0 comment Print

HC acknowledged that, per Rule 142 of the CG&ST Rules, 2017, the issuance of Forms GST DRC-01 and GST DRC-01A is a statutory requirement. These forms precede the issuance of an order under Section 73 of the CG&ST Act. The court emphasized that non-compliance with Rule 142 amounted to a violation of the petitioner’s rights.

Purchased Flat in Minor Daughter’s Name, Deduction U/S 54F Allowed by ITAT

January 16, 2024 969 Views 0 comment Print

Central issue revolved around assessee’s claim for deduction under Section 54F for investing sale proceeds of shares in a residential flat purchased in the name of his minor daughter.

HC upheld addition of Suspicious Loan under Section 68 instead of under Section 41(1)

January 16, 2024 597 Views 0 comment Print

Explore Delhi High Court’s ruling on Section 41(1) of the Income Tax Act in Valley Iron and Steel Co. Ltd. vs. PCIT. Detailed analysis and implications of the judgment.

HC upholds Prohibition on export of Non-Basmati Rice due to non-payment of export duty

January 16, 2024 573 Views 0 comment Print

Assessee-company who was an exporter of rice and other agricultural products, received an Order from its overseas buyer M/s Indi Sino Trade Pte Ltd for the sale of 40,000 MT of rice which was to be exported from Kandla Port in Gujarat.

Foreign exchange loss attributable to material purchase is revenue expense

January 16, 2024 474 Views 0 comment Print

ITAT Mumbai held that foreign exchange loss incurred by the assessee attributable to purchase of material is revenue expenditure and it cannot be included in the cost of project. Accordingly, the same is allowable as deduction.

Revisionary order unsustainable as issue of exemption u/s 11 considered during scrutiny assessment

January 16, 2024 486 Views 0 comment Print

ITAT Chennai held that the assessment order passed by the AO is neither erroneous nor prejudicial to the interest of the Revenue, because, the issue of exemption u/s.11 of the Act, has been considered by the AO while completing assessment u/s.143(3) of the Act. Thus, order passed by the CIT(Exemptions) u/s.263 of the Act unsustainable.

Delhi HC Permits Revenue to Approach Court in Black Money Act Violation case

January 16, 2024 480 Views 0 comment Print

Explore Delhi High Court’s decision allowing the revenue to challenge Black Money Act proceedings in PCIT vs. Ashok Kumar Singh. Detailed analysis of the judgment.

Conditions for invoking Section 263: AO Order must be Erroneous & Prejudicial to Revenue

January 16, 2024 582 Views 0 comment Print

Explore the Delhi High Court’s judgment on CIT – International Taxation, highlighting the invalidity of invoking S. 263 without satisfying twin conditions. Full analysis and implications.

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