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Judiciary

TP adjustment deleted as ALP of ESOP expenses cannot be taken as NIL

October 11, 2023 1107 Views 0 comment Print

ITAT Mumbai held that TP adjustment in respect of international transaction of reimbursement of Employee Stock Option Plan (ESOP) Expenses deleted as Arm’s Length Price (ALP) of ESOP expenses cannot be taken as NIL.

Addition u/s 68 towards unexplained unsecure loan unsustainable as onus duly discharged

October 11, 2023 1521 Views 0 comment Print

ITAT Delhi held that addition u/s. 68 towards unexplained unsecured loan unsustainable as the onus which lays upon the assessee to explain that the entries made are real and not fictitious, has been duly discharged.

Matter set back to AO to verify source of addition u/s 69C as explained before settlement commission

October 11, 2023 1149 Views 0 comment Print

ITAT Mumbai held that with regard to addition under section 69C of the Income Tax Act it is directed to set the matter back to AO to verify whether the source for the additions made in the hands of the assessee is explained through the settlement made before the settlement commission.

Service Tax Inapplicable to Construction of Residential Complex for JnRUM Works Contract

October 11, 2023 915 Views 0 comment Print

CESTAT Ahmedabad held that the works contract service of construction of residential complex for JawaharLal Nehru Urban Renewal Mission (JnRUM) is not liable to service tax

Penalty u/s 270A unsustainable as non-declaration cannot be equated as underreporting of income

October 11, 2023 1872 Views 0 comment Print

ITAT Mumbai held that penalty under section 270A of the Income Tax Act unsustainable as non-declaration of interest on income tax refund was bona fide and cannot be said to be underreporting of income.

Members of Railway Protection Force would be considered as Workmen under Workmen Compensation Act

October 11, 2023 396 Views 0 comment Print

Commanding Officer Vs Bhavnaben Dinshbhai Bhabhor & Others (Supreme Court of India) Conclusion: In present facts of the case, the Hon’ble Supreme Court held that family members of deceased Constable in the Railway Protection Special Force would be entitled to Compensation under Workmen Compensation Act, 1923 as he would be considered as a “Workman” under […]

Payments to doctors by a hospital- Salary or Professional charges

October 11, 2023 6099 Views 0 comment Print

Explore the case of ACIT (TDS) Vs Victor Hospitals & Medical Services Limited, where the ITAT Panaji determined TDS under Section 194J for consultant doctors.”

Invalid Reasons: Gujarat HC Quashes Assessment Reopening

October 11, 2023 1143 Views 0 comment Print

Gujarat High Court invalidates assessment reopening due to lack of nexus between petitioner and unsecured loans. Detailed analysis and conclusions.

Nill Rate of Additional Excise Duty applicable on the day of clearance for yarn

October 11, 2023 441 Views 0 comment Print

In a case between Emtee Poly Yarn Pvt. Ltd. and C.C.E. & S.T. VAPI, CESTAT Ahmedabad sets aside demand for Excise Duty, citing a nil rate on the day of clearance.

Delhi High Court Rejects Retrospective Application of Rule 89(4)(C) of CGST

October 11, 2023 1563 Views 0 comment Print

Delhi High Court’s landmark decision in Indian Herbal Store case rejects retrospective application of Rule 89(4)(C) of CGST, benefiting exporters. Analysis and insights.

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