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Judiciary

Transfer pricing adjustment unjustified as Specified Domestic Transaction cannot be referred to TPO after 01.04.2017

December 1, 2023 420 Views 0 comment Print

ITAT Mumbai held that reference to TPO in respect of Specified Domestic Transaction (SDT) u/s. 92BA(i) has been omitted from the statue by the Finance Act, 2017 w.e.f. 01/04/2017. Hence, entire reference and transfer pricing adjustment is invalid.

DGFT Trade Notice no. 08/2023 dated 20.06.2023 relating to export of broken rice set aside

December 1, 2023 555 Views 0 comment Print

Delhi High Court held that the Trade Notice no. 08/2023 dated 20.06.2023 issued by DGFT setting out the conditions of eligibility and procedure for allocation of quota for export of broken rice set aside. Further, respondent are directed to re-evaluate the criteria for allocation of quota for export of broken rice.

Denial of refund for non-submission of supportive documents unjustified as refund application u/s 54(1) done on time

December 1, 2023 831 Views 0 comment Print

Madras High Court held that refund cannot be denied as refund application under section 54(1) of CGST Act was made within a period of limitation, however, supportive documents were submitted at the time of personal hearing. Notably, the time limit fixed u/s. 54 (1) is directory in nature and it is not mandatory.

Compensation to real estate developer for closure of agreement allowable as revenue expenditure

December 1, 2023 591 Views 0 comment Print

ITAT Mumbai held that compensation paid to a real estate developer for closure of agreement is allowable as revenue expenditure when the payment of such compensation is closely related to the business of the assessee.

Disallowance under section 14A r.w. Rule 8D cannot exceed exempt income

December 1, 2023 5361 Views 0 comment Print

Delhi High Court’s decision in ITA 1260/2018, addressing disallowance under Section 14A of the Income Tax Act. Learn about the quantum, computation, and implications for Caraf Builders & Constructions Pvt. Ltd.

Patna HC Restores GST Appeal: Conditions Apply as per Notification No. 53 of 2023-Central Tax

December 1, 2023 852 Views 0 comment Print

Patna High Court restores appeal dismissed under BGST Act, setting aside delay grounds. Conditions outlined in Notification No. 53 of 2023 must be met.

Section 148A(d) order passed by violation of principles of natural justice: HC directs Fresh order

December 1, 2023 5625 Views 0 comment Print

Calcutta High Court directs a fresh order on Income Tax Officer’s violation of natural justice in Section 148A(d) case. Details of the judgment here.

Title Can’t be transferred based on General Power of Attorney and Agreement to Sell: SC

December 1, 2023 2640 Views 0 comment Print

Supreme Court’s ruling against property transfer through Power of Attorney and Agreement to Sell. Understand the legal implications and constraints.

Clarity on Appointing Directors Over 75: SAT Verdict in 20 Microns Limited Case

December 1, 2023 2217 Views 0 comment Print

Explore recent SAT verdict in 20 Microns Limited v. BSE Limited case on Regulation 17(1A) of LODR. Learn about implications and a balanced approach to compliance.

Carried forward unabsorbed depreciation permitted to be set off against short term capital gain

November 30, 2023 5031 Views 0 comment Print

ITAT Mumbai held that the unabsorbed depreciation which is carried forward from earlier years is permitted to be set off against the short term capital gains.

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