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Judiciary

Reopening of assessment based on wrong and irrelevant facts is unsustainable-in-law

October 19, 2023 5535 Views 0 comment Print

ITAT Chandigarh held that reopening of assessment under section 147 of the Income Tax Act based on wrong and irrelevant facts recorded under the reasons recorded for the formation of belief of escapement of income chargeable to income tax is unsustainable in law and liable to be quashed.

Demand for Non-Maintenance of Separate Account in Final Exempted Service Unwarranted; Cenvat Credit Reversal Adequate

October 19, 2023 456 Views 0 comment Print

CESTAT Kolkata quashes Excise Duty demand on Super Smelters Limited for non-maintenance of separate accounts for input services used in exempted trading activities. Analysis and implications.

Rendering decision on goods that are yet to be provisionally assessed is premature intervention

October 19, 2023 474 Views 0 comment Print

CESTAT Mumbai held that rendering a decision on goods that are yet to be provisionally assessed would be a premature intervention. The possible detriment that may arise on a future date is not a grievance that should be entertained unless and until it does translate as one upon occurrence of import or export of goods.

ITAT Upholds Penalty for Income Concealment Despite Retracted Confession

October 19, 2023 393 Views 0 comment Print

ITAT Delhi affirms penalty under section 271(1)(c) of Income Tax Act against Amandeep Singh Sran for concealing income. Analysis of the case and its implications.

Notices and proceedings initiated against amalgamated company is bad-in-law

October 19, 2023 1092 Views 0 comment Print

Telangana High Court has held that notices and proceedings initiated against the amalgamated Company (i.e. non-existing company) deserves to be set aside/quashed. Accordingly, entire proceedings held as bad-in-law.

Calcutta High Court GST Judgment: Works Contracts Pre and Post GST

October 19, 2023 2307 Views 0 comment Print

Calcutta High Court judgment on a GST liability dispute involving execution of works contracts before and after GST introduction.

Amount for use of transponder of telecommunication service charges doesn’t qualify as royalty

October 19, 2023 543 Views 0 comment Print

Held that the amounts received for the use of transponder of tele-communication service charges are not royalty under section 9(1)(vi) of the Income Tax Act and also under Article 12(8) of Indo Netherland DTAA.

Matter resorted back to prove genuineness of activities via-a-vis application for registration u/s 12AB

October 19, 2023 480 Views 0 comment Print

ITAT Jaipur restored the matter back to CIT(E) as application for registration u/s. 12AB of the Income Tax Act was rejected solely due to alleged non-genuineness of the activities as charitable nature of activities of assessee not disputed.

Tax on erection of mobile tower payable by person using land/ building for erection of mobile tower

October 19, 2023 3090 Views 0 comment Print

Supreme Court held that tax/fee/ charge on erection of mobile towers is not upon the owner of the land and building but on the person who is responsible for erecting of the mobile tower on the land and building and is thus using the land or building for erection of the mobile tower.

Recourse to section 166A of the Code without following procedure prescribed u/s 155(2) is unsustainable

October 19, 2023 1329 Views 0 comment Print

Bombay High Court held that taking recourse to the provisions of Section 166A of the Code of Criminal Procedure, 1973 for issuance of the Letter of Rogatory by the Magistrate without following procedure prescribed under section 155(2) cannot be sustained and deserved to be quashed.

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