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Judiciary

Person against whom offence u/s. 3 of PMLA is alleged need not be shown as accused in scheduled offence

December 5, 2023 489 Views 0 comment Print

Supreme Court held that it is not necessary that a person against whom the offence under Section 3 of the Prevention of Money Laundering Act (PMLA) is alleged must have been shown as the accused in the scheduled offence.

Advance Ruling disallowing Exemption for Loading, Unloading Services in Wheat Import Unsustainable

December 5, 2023 948 Views 0 comment Print

Madras High Court held that Advance Ruling holding that services of loading, unloading, packing etc., rendered in relation to the wheat imported is not entitled to exemption in terms of S.No.54(e) of Notification No.12 of 2017 is unsustainable.

Adjustment of entry tax paid on damaged cement against VAT liability not admissible

December 5, 2023 360 Views 0 comment Print

Patna High Court held that adjustment of entry tax paid on damaged cement is not admissible under the provisions of Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale therein Act, 1993.

Section 14A disallowance unjustified with ample interest-free funds for investments

December 5, 2023 1017 Views 0 comment Print

Delhi High Court held that tribunal rightly deleted disallowance made by AO u/s. 14A of the Income Tax Act read with rule 8D of the Income Tax Rules as assessee had sufficient interest-free funds available with it to make investment.

Section 119(2)(b) doesn’t empower PCIT to consider merits of claim of income

December 5, 2023 2769 Views 0 comment Print

Kerala High Court held that section 119(2)(b) of the Income Tax Act does not empower Principal Chief Commissioner/ Principal Commissioner of Income Tax to consider the merits of the claim of income, loss, etc.

PCIT has no power to consider merits of Income Tax refund application

December 4, 2023 1269 Views 0 comment Print

Kerala High Court held that the Principal Chief Commissioner or the Principal Commissioner of Income Tax has no power to consider the merits of the refund application. Here, what is required to be considered is the merits of the application for condonation of delay only.

Failure to Issue Notice for Hearing Invalidates Order under Section 250

December 4, 2023 2535 Views 0 comment Print

Kerala High Court held that provisions of section 250 of the Income Tax Act mandates Commissioner (A) to fix the date and place of hearing in the appeal and notice in that regard is required to be issued. Order issued in violation of procedure prescribed u/s. 250 is liable to be set aside.

Composite contract cannot be bifurcated to subject part of contract to higher TDS

December 4, 2023 840 Views 0 comment Print

Allahabad High Court applying the principle of indivisibility of a composite contract held that contract cannot be bifurcated to subject a part of the contract to higher TDS.

Notice u/s. 148 for AY 2013-14 not time barred as search conducted in AY 2023-24

December 4, 2023 3108 Views 0 comment Print

Jharkhand High Court held that relevant assessment year shall mean as assessment year (AY) preceding AY relevant to the previous year in which search is conducted or requisition is made which falls beyond Six AY but not later than 10 AY from the end of AY relevant to previous year in which search is conducted or requisition is made. Accordingly, notice u/s. 148 for AY 13-14 duly issued as search was conducted in AY 2023-2024.

ITC Disallowance: Allahabad HC Sets Aside Order on Wrong GSTIN in GSTR-1

December 4, 2023 3762 Views 0 comment Print

Allahabad HC in Shree Krishna Traders vs. State of UP sets aside order on ITC dispute, remits to Revenue Department. Clarifies on GSTIN error in GSTR-1.

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