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Judiciary

SCN Receipt 2 hour before hearing time: Madras HC quashes order directing ITC Reversal

January 16, 2024 462 Views 0 comment Print

Explore the Madras High Court’s judgment in Brakes India Pvt. Ltd. vs. Assistant Commissioner, highlighting the quashing of an ITC reversal order due to inadequate notice. Full analysis and implications.

AO’s Addition Unsustainable Without Incriminating Material from Relevant Search: Delhi HC

January 16, 2024 1659 Views 0 comment Print

Delhi High Court’s ruling in PCIT (Central) vs. Sanjay Singhal upholds ITAT’s deletion of addition under Section 69A for AY 2015-16, emphasizing need for incriminating material for valid additions.

Goods even if remote possibility of being found prohibited or restricted at time of adjudication, could not be subjected to non release u/s 110A

January 16, 2024 723 Views 0 comment Print

Goods even if there was any remote possibility of being found prohibited or restricted at the time of adjudication was there, could not be subjected to non release in terms of Section 110A, thus, the provisional release of 26 Gold Dore weighing 5 kg plus more, subject to certain conditions.

Plea of defect in the notice not accepted as it had caused no prejudice to assessee

January 16, 2024 795 Views 0 comment Print

Bombay High Court held that plea of defect in the notice cannot be accepted as it had caused no prejudice to the assessee and the assessee “clearly understood” what was the purport and import of notice issued under section 274 read with Section 271 of the Act.

Denial of exemption based on documents seized from employees without any corroborative material unsustainable

January 16, 2024 846 Views 0 comment Print

ITAT Mumbai held that documents seized from employees cannot be considered as having any evidentiary value and cannot be considered to have trustworthiness, since no other corroborative material was brought on record to support the veracity of the same. Hence, documents seized from employees cannot be relied upon for denying exemption u/s 11.

Exemption u/s 11 available to Indian Chamber of Commerce on its entire receipts

January 16, 2024 729 Views 0 comment Print

ITAT Kolkata held that the Indian Chamber of Commerce (ICC) is entitled to exemption u/s 11 of the Act as ICC is not carrying on any activity of holding meetings, seminars and conferences for business purpose but only in support its main object hence it is not hit by the proviso to Section 2(15) of the Act even post amendments.

Physical fitness expenditure not incurred wholly and exclusively for profession duly disallowed

January 16, 2024 516 Views 0 comment Print

ITAT Hyderabad held that assessee being a film artist, physical fitness is a part and parcel of his profession, but it cannot be held to be incurred wholly and exclusively for the profession of the assessee. Hence, disallowance of physical fitness expenditure justifiable in law.

Tax Implications on Architectural Services, Brokerage and Reimbursement of Expenses

January 16, 2024 1509 Views 0 comment Print

In a landmark ruling, ITAT Mumbai delves into ITO vs. Macrotech Developer Ltd., analyzing tax implications on international transactions, focusing on architectural services, brokerage, and expense reimbursements under ITA and DTAA. A comprehensive verdict that sets a significant precedent in international taxation law.

Delhi High Court Closes CCD Taxation Appeals, Awaits Supreme Court’s Final Decision

January 16, 2024 693 Views 0 comment Print

Delhi High Court disposes of CIT Vs Zaheer Mauritius appeals, addressing taxability and capital gains nature of Compulsorily Convertible Debentures under India-Mauritius DTAA.

Delhi HC Quashes GST Registration Cancellation SCN for not having detailed reasons

January 16, 2024 627 Views 0 comment Print

Delhi High Court quashes show cause notice for GST registration cancellation without proper details. Learn about Kundan Impex Vs Commissioner of Department of Trade And Taxes case.

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