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Judiciary

TDS on interest to members on deposits by co-operative society not deductible

October 12, 2023 2331 Views 0 comment Print

ITAT Bangalore held that cooperative societies carrying on banking business when it pays interest to its members on deposits need not deduct tax at source in view of the provisions of Sec.194A(3)(v) of the Act.

Section 40A(2) governs allowability of expenditure relating to specified domestic transaction

October 12, 2023 660 Views 0 comment Print

ITAT Mumbai held that adjustment on account of examination of the arm’s-length price of the specified domestic transactions is not valid because of deletion of the provisions of Section 92BA (1) of the Act with effect from 1/4/2017. Provisions of Section 40A (2) of the act governs the allowability of those expenditure.

Income Tax Authority which has initiated prosecution must have sanction of law

October 12, 2023 591 Views 0 comment Print

Telangana High Court held that once sanction has been given to a particular authority, i.e., the Deputy Director of Income Tax, the prosecution has to be launched by him alone and not by the Assistant Director of Income Tax. Thus, the authority which has initiated the prosecution must have sanction of law. Otherwise, it amounts to illegal action.

Revenue cannot compute notional interest u/s. 13(2)(a) of Income Tax Act

October 12, 2023 666 Views 0 comment Print

ITAT Mumbai held that provisions of section 13(2)(a) of the Income Tax Act does not authorise the Revenue to compute the notional interest. Accordingly, addition of notional interest deleted.

RPM is most appropriate for Benchmarking Imported Men’s Wear Resale Transactions

October 12, 2023 285 Views 0 comment Print

ITAT Mumbai held that Retail Sale Price Method (RPM) is the most appropriate method for benchmarking the international transaction of ‘import of men’s wear for resale’ between Celio Future Fashion Pvt. Ltd. and its associated enterprises.

Criminal Appeal Dismissed for Lack of Proof in Section 138 NI Act Case

October 12, 2023 951 Views 0 comment Print

Andhra Pradesh High Court held that the complainant miserably failed to prove the offence under Section 138 of the Negotiable Instrument Act, 1881 against the respondent/accused beyond reasonable doubt. Accordingly, Criminal Appeal dismissed.

Extended Limitation Period Not Universally Applicable; Context Matters: SC

October 12, 2023 2607 Views 1 comment Print

Supreme Court’s ruling on whether the extended limitation period for tax notices should be invoked based on the specific facts of the case.

Breather For Vedanta’s Cairn In Alleged Buyback Fraud : SAT Reverses SEBI’s Order

October 11, 2023 930 Views 0 comment Print

Vedanta Limited secures a victory as the Securities Appellate Tribunal overturns SEBI’s fine. Details of the Cairn India buyback case.

SC Clarifies Commencement of Section 153C Block Reassessment Period

October 11, 2023 1983 Views 0 comment Print

Supreme Court clarifies the commencement of block reassessment under Section 153C of the Income Tax Act, safeguarding third parties’ interests

Cenvat Credit on inputs used in manufacture of product which is further utilized for manufacture of dutiable final product allowed

October 11, 2023 633 Views 0 comment Print

CESTAT Ahmedabad held that Cenvat Credit of duty paid on inputs used in manufacture of final products cleared without payment of duty and which is further utilized for manufacture of final products on which duty is paid is allowable.

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