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Judiciary

Issue of summon cannot be presumed to culminate into arrest of person being summoned

November 26, 2023 744 Views 0 comment Print

Delhi High Court held that as per the scheme of PMLA that power to issue summons u/s. 50 of PMLA is different from the power to arrest u/s. 19 of PMLA. Further, issuance of summons to join investigation and give some evidence or document to the investigation agency cannot be presumed to culminate into the arrest of person being so summoned.

Documents found in possession of any person during search is presumed belonging to such person

November 25, 2023 15366 Views 0 comment Print

ITAT Bangalore held that u/s. 292C of the Income Tax Act, there is a presumption that the documents found in the possession or control of any person in the course of search, belongs to such person and contents of such document are true.

CBDT circular fixing time limit for filing application for compounding of offences struck down

November 25, 2023 1140 Views 0 comment Print

Madras High Court held that the CBDT is not empowered to fix the time limit for filing the application for compounding of offences, which is contrary to the provisions of Section 279(2) of the IT Act. Accordingly, CBDT circular dated 14.06.2019 fixing the same is liable to be struck down.

Criminal proceedings quashed as there is no legally enforceable debt on date of issue of cheque

November 25, 2023 22656 Views 0 comment Print

Gujarat High Court held that criminal proceedings in case of Central Excise Duty evasion quashed as there is no legally enforceable debt on the date of issuance of cheques.

Bad debts written off by non-rural branches u/s. 36(1)(vii) are allowable

November 25, 2023 1257 Views 0 comment Print

ITAT Bangalore held that assessee is eligible to avail deduction of an amount representing actual write off in the books of account of bad debts relating to nonrural/urban advances in terms with section 36(1)(vii), as proviso to the said section would not apply to non-rural advances. 

Bombay High Court Directs Swift Action on MSTT Website Development

November 25, 2023 324 Views 0 comment Print

Bombay High Court’s directive to Maharashtra on the development of Maharashtra Sales Tax Tribunal’s website. Progress update and next hearing on 28th November 2023.”

TNVAT: Recovery proceedings cannot be initiated until Investigation is completed

November 25, 2023 564 Views 0 comment Print

In a Madras High Court ruling, recovery proceedings against Shewil Trading Company are halted until the Cyber Crime Cell completes its investigation. Know the case, implications, and the direction given by the court.

Upfront lease premium on lease-hold land allowable as deduction u/s. 37(1) of Income Tax Act

November 25, 2023 2553 Views 0 comment Print

ITAT Kolkata rules on upfront lease premium, corporate guarantee fee, and royalty income. Key points from ACIT Vs Britannia Industries. Full order analysis.

Commission paid to foreign agent not regarded as fees for technical services u/s. 9(1)(vii)

November 25, 2023 1527 Views 0 comment Print

ITAT Delhi held that foreign commission paid by the assessee to its foreign agent for arranging of export sales and recovery of payment could not regarded as fees for technical services under section 9(1)(vii) of the Act. Accordingly, disallowance of expenditure u/s. 40(a)(i) unjustified.

Even in ex parte cases, reasons must be recorded for reopening of assessments: HC

November 25, 2023 744 Views 0 comment Print

Calcutta HC sets aside Section 148A(b) order for assessment year 2018-2019, citing lack of recorded reasons; directs fresh proceedings.

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