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Judiciary

No capital gain in the hand of transferee in Slump Sale of certain Business Line

November 1, 2023 549 Views 0 comment Print

Analysis of DCIT vs. Thulasi Mohan Constructions Pvt. Ltd. case, where capital gains in a business slump sale were contested. Learn legal intricacies and conclusions.

No Addition for Delay in Form No. 10 Filing When Condoned by CIT(E)

November 1, 2023 1173 Views 0 comment Print

ITAT Jodhpur’s decision regarding the condonation of delay in filing Form No. 10 within the due date of ITR under Section 139 of the IT Act. No addition made.

Telangana HC Directs IT Department to Process Rectification Application

October 31, 2023 582 Views 0 comment Print

Telangana HC directed Income Tax Department to expedite processing of a rectification application filed by Virtusa Consulting Services Private Limited.

ITAT Delhi dismisses revenue’s appeal due to low tax effect

October 31, 2023 357 Views 0 comment Print

In an appeal against CIT(A)-14, New Delhi’s order, ITAT Delhi dismisses revenue’s case due to low tax effect as per CBDT Circular No. 17/2019 for AY 2011-12

Delhi High Court Upholds Exclusion of Comparables in Transfer Pricing Case

October 31, 2023 792 Views 0 comment Print

Delhi High Court upheld the exclusion of comparables due to functional dissimilarity and significant turnover differences. Analysis of the PCIT vs. Qualcomm India Pvt Ltd case.

Sale of software not containing any element of service not fall under FTS

October 31, 2023 927 Views 0 comment Print

In the SoftwareONE Pte. Ltd. vs. ACIT case, the ITAT Delhi ruled that sales of software without any service component are not liable to be taxed as Fees for Technical Services (FTS) under the India-Singapore DTAA.

Imposition of penalty u/s 78 without intention to evade payment of tax untenable

October 31, 2023 1593 Views 0 comment Print

CESTAT Delhi held that imposition of penalty under section 78 of the Finance Act without elements of fraud or collusion or willful mis-statement or suppression of facts or violation of Act or Rules made thereunder with an intent to evade payment of tax is untenable in law.

Duty demand invoking rule 8 of CVR, 2000 without any reasonable justification unsustainable

October 31, 2023 174 Views 0 comment Print

CESTAT Chandigarh held that duty demand valuing goods cleared to sister concern in term of rule 8 of the Central Excise (Valuation) Rules, 2000 (CVR, 2000) without any reasonable justification and without providing report of Deputy Director (Cost) is unsustainable in law.

Revisionary order passed u/s 263 without granting an opportunity of being heard is unsustainable

October 31, 2023 789 Views 0 comment Print

ITAT Surat held that revisionary order passed under section 263 of the Income Tax Act without considering reply of the assessee and without granting an opportunity of being heard is unsustainable in law as against the principles of natural justice.

Distinction by resolution professional between homebuyers seeking remedies is artificial and hence unsustainable

October 31, 2023 477 Views 0 comment Print

Supreme Court held that distinction made by resolution professional with regard to class of home buyers who seeks remedies under RERA is artificial and amount to ‘hyper-classification’ and hence falls afoul of Article 14. Accordingly, such classification is unsustainable.

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