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Judiciary

TDS u/s. 194-IA deducted on assets sold during liquidation should be refunded to corporate debtor

December 21, 2023 3285 Views 0 comment Print

NCLT Ahmedabad held that the amount of TDS deducted under section 194-IA on assets sold during the process of liquidation should be returned (refunded) back by income tax department into the account of Corporate Debtor.

BBMP directed to digitize Khata to avoid issuance of Katha in respect of one property to two different person

December 21, 2023 810 Views 0 comment Print

Karnataka High Court held that Bruhat Bengaluru Mahanagara Palike (BBMP) should formulate a suitable mechanism to digitize Khata / Katha certificates so as to avoid situations like issuance of Katha in respect of one same property to two different person.

Initiation of penalty proceedings u/s. 271AAB(1A) without specifying default of assessee unsustainable

December 21, 2023 2238 Views 0 comment Print

ITAT Jaipur held that initiation of penalty proceedings u/s. 271AAB(1A) of the Income Tax Act without specifying the ground and default on the part of the assessee and also without specifying the undisclosed income on which penalty was proposed to be levied is unsustainable-in-law.

Denial of TDS credit to deductee due to non-deposit of TDS by deductor unjustified

December 21, 2023 3870 Views 1 comment Print

ITAT Kolkata held that once the TDS is deducted then the liability resulting from the non-deposit of TDS by the deductor cannot be fasten on the deductee. Hence, denial of TDS credit to deductee unjustified.

Madras HC Sets Aside Assessment Order for Lack of Realistic Opportunity

December 21, 2023 849 Views 0 comment Print

Explore the Madras High Court’s decision to set aside an assessment order in the case of Shopping Zone India Pvt. Ltd. vs. Additional/Joint/Deputy/Assistant Commissioner of Income Tax. Analysis of the violation of natural justice and its implications.

Madras HC directs revival of Appeal filed by petitioner before CIT (Appeals) 

December 21, 2023 486 Views 0 comment Print

Explore the Madras High Court’s directive to revive the tax appeal in Palanisamy Jeevanantham Vs PCIT case. Analysis of the order and its implications on assessment proceedings.

GST on Compensation: Liquidated Damages, Trade Settlements & Contract Breaches

December 21, 2023 2682 Views 0 comment Print

Explore implications of GST on liquidated damages, trade settlements, and contract breaches in light of South India Krishna Oil & Fact Pvt Ltd case.

ITAT Grants Section 11 Benefit as Form No. 10 Audit Report filed during Assessment

December 21, 2023 4032 Views 0 comment Print

Explore the Shree Swami Samarth Seva Kendra vs ITO case at ITAT Mumbai. Analysis reveals the importance of Form 10 compliance for securing Section 11(2) benefits.

CIT cannot extend time for submission of Section 142(2C) Audit report by CA

December 21, 2023 645 Views 0 comment Print

Explore the Delhi High Court’s ruling in PCIT vs. B.L. Kashyap. Learn why CIT cannot extend Section 142(2C) Audit report submission time; crucial insights revealed.

Section 69A Inapplicable if Books of Account Not Required to be maintained

December 21, 2023 10509 Views 0 comment Print

he court examines Section 69A, emphasizing that it deals with unexplained money and requires the owner to maintain books of account. Notably, the respondent, being a non-resident Indian, is not obligated to maintain such books in India. The court acknowledges this prima facie and agrees to keep the question open for future deliberation.

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