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Judiciary

Inverted duty structure refund admissible u/s 54(3)(ii) even when supplier has charged higher rate

December 4, 2023 1113 Views 0 comment Print

Madras High Court held that refund of inverted duty structure available u/s 54(3)(ii) of the GST Act even when the supplier has inadvertently charged higher rate i.e. 18% instead of applicable rate i.e. 5%.

Permission to travel abroad not granted as investigation in hawala transactions pending

December 4, 2023 549 Views 0 comment Print

Delhi High Court did not granted permission to travel abroad to the petitioner involved in hawala transactions as investigation in FIR registered by Special Cell (EOW) and ECIR registered by the Directorate of Enforcement is pending and petitioner has not placed on record any cogent reason to travel abroad.

Reopening of assessment u/s 148 unjustified as all material facts fully disclosed

December 4, 2023 1353 Views 0 comment Print

Madras High Court held that reopening of assessment u/s 148 of the Income Tax Act beyond the period of four years unjustified as all the particulars with regard to sale of agricultural land was disclosed before AO in full extent.

Income in case of life insurance business should be computed as per section 44 of Income Tax Act

December 4, 2023 1044 Views 0 comment Print

ITAT Mumbai held that in case of life insurance business, the income should be computed as per provisions of section 44 of the Income Tax Act and to be taxed under section 115B.

Diminution in value of GoI Bonds allowable as revenue loss as investment made under commercial expediency

December 4, 2023 357 Views 0 comment Print

Orissa High Court held that since the investment in Government of India Fertilizer Bonds [GoI Bonds] was made under commercial expediency it did not bring an asset of a capital nature and the diminution in the value of the said bond are allowable as revenue loss.

Compensation received for hardship is capital receipt hence not taxable

December 4, 2023 5160 Views 0 comment Print

ITAT Mumbai held that payments/compensation paid by developer is in the nature of hardship allowance / rehabilitation allowance is capital receipt and is not liable to tax.

Defect notice u/s. 139(9) is not in accordance with law hence return filed to be considered as valid

December 4, 2023 3195 Views 0 comment Print

ITAT Jaipur held that as defect notice issued u/s. 139(9) of the Income Tax Act is not in accordance with the law and hence the return of income filed by the assessee should be considered as valid return.

Roots of contract cannot be challenged merely due to change of taxation

December 4, 2023 738 Views 0 comment Print

Calcutta High Court held that all commercial contracts includes an element of calculated business risk, thus, merely due to change of taxation statues, the root of the contracts cannot be challenged.

AO Must Specify Penalty Ground in Notice u/s 274 for Valid Section 271(1)(c) Penalty Proceedings

December 4, 2023 546 Views 0 comment Print

Discover how the ITAT Delhi ruled on penalty proceedings, emphasizing the importance of a precise notice specifying the offense under Section 271(1)(c).

No Approval U/S 151, Reassessment Quashed: ITAT Dehradun

December 4, 2023 2454 Views 0 comment Print

ITAT Dehradun quashes reassessment proceedings in Uttarakhand Purv Kalyan Nigam Limited vs ITO case, citing lack of approval under section 151 of the Income Tax Act.

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