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Judiciary

Delhi HC: Exclusion of OTL Comparable – ITAT to Decide

November 2, 2023 405 Views 0 comment Print

The Delhi High Court directs the ITAT to reconsider the exclusion of Onward Technologies Limited (OTL) as a comparable in the transfer pricing study. Detailed analysis and conclusion.

Delhi HC Quashes Section 148A(d) Order: Non-Consideration of Reply

November 2, 2023 1605 Views 0 comment Print

Delhi High Court quashes Income Tax order under Section 148A(d) for non-consideration of the petitioner’s reply. Learn about the case and its implications.

Expenses solely for Indian Business not fall u/s 44C: Delhi HC

November 2, 2023 687 Views 0 comment Print

Delhi High Court clarifies that expenses incurred solely for the Indian business do not fall under Section 44C of the Income Tax Act for non-residents. Details and analysis.

Patna High Court Grants GST Appeal Amnesty benefit beyond Cut-off Date

November 2, 2023 3483 Views 0 comment Print

Read about Patna High Court’s decision allowing benefit of GST amnesty under Notification No. 53/2023-Central Tax, even for appeals filed after specified cut-off date. Details and implications explained.

Initiation of revisionary proceedings u/s 263 on aspects outside the scope of limited scrutiny untenable

November 1, 2023 1002 Views 0 comment Print

ITAT Surat held that AO cannot go beyond reason for which matter was selected for limited scrutiny. Thus, PCIT cannot pass revisionary order u/s. 263 of the Income Tax Act on other aspects outside the scope of limited scrutiny.

Initiation of reassessment proceedings u/s. 147 based on incorrect facts is invalid

November 1, 2023 2730 Views 0 comment Print

ITAT Delhi held that initiation of reassessment proceedings u/s. 147 of the Income Tax Act by AO based on incorrect facts and without any verification, examination and evaluation of report of Investigation Wing and other material is invalid and unsustainable in law.

Penalty notice u/s 271(1)(c) without specifying exact limb is bad-in-law

November 1, 2023 1728 Views 0 comment Print

ITAT Delhi held that notice issued initiating the penalty proceeding without specifying the limb of section 271(1)(c) of the Income Tax Act is bad-in-law and liable to be quashed.

CENVAT Credit eligible on inputs used for manufacture of final products that are destroyed during testing

November 1, 2023 522 Views 0 comment Print

CESTAT Chandigarh held that CENVAT Credit cannot be denied merely because final products are destroyed during testing. Notably, testing is integral to the activity of manufacture and CENVAT attributable to inputs that have gone into the manufacture of final products cannot be denied.

Imported product which functions like badge reader is rightly classifiable under Chapter 8543

November 1, 2023 303 Views 0 comment Print

CESTAT Bangalore held that the product i.e. ‘553 series for 4500 Full A/N Prox. Exp Memory’ which functions like a badge reader is rightly classifiable under Chapter 8543.

Ad-hoc disallowance of expenditure without any basis is unsustainable in law

November 1, 2023 2553 Views 0 comment Print

ITAT Raipur held that ad-hoc disallowance of expenditure without specifying expenditure which was either not incurred for the purpose of business or was not substantiated by documentary evidence/material is unsustainable in law.

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