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Judiciary

Indian subsidiary operating in independent manner doesn’t constitute PE

October 4, 2023 1035 Views 0 comment Print

ITAT Mumbai held that the Indian Subsidiary operating in an independent manner doesn’t constitute as a “Permanent Establishment” in India and hence income of the assessee is not allowable to be taxed in India.

Pardon u/s. 306 Cr.P.C. doesn’t result in acquittal of offence under PMLA

October 4, 2023 1071 Views 0 comment Print

Allahabad High Court held that the pardon granted under Section 306 Cr.P.C. to a person in a scheduled offence would not ipso facto result in his acquittal in the offence under the Prevention of Money Laundering Act (PMLA).

Innovation Services to German Company amounts to Export of Service: HC

October 4, 2023 573 Views 0 comment Print

Punjab & Haryana High Court judgment on Fresenius Kabi Oncology Ltd. vs. Union of India: Innovation & Development services to a German company considered an export of service.

ITC Eligibility for Construction Project: Central Air Conditioning Plant, Lift etc.

October 4, 2023 5253 Views 0 comment Print

Learn about Input Tax Credit (ITC) eligibility for construction projects and the GST implications for items like Central Air Conditioning Plant, Lift, and more.

Amendment to section 54F restricting investment in property to India is not retrospective

October 4, 2023 12996 Views 0 comment Print

Learn about the Bombay High Court’s ruling on the retrospective application of an amendment to Section 54F in the case of Hemant Dinkar Kandlur vs CIT

Demand of Service Tax on liquidated damages not justified: CESTAT Chennai

October 4, 2023 615 Views 0 comment Print

CESTAT Chennai’s order in the case of Bharat Heavy Electricals Limited (BHEL) rules that liquidated damages are not liable to service tax. Explore the detailed analysis.

Search cannot be conducted until all conditions u/s 67 of CGST Act are fulfilled

October 4, 2023 5478 Views 0 comment Print

In case of Bhagat Ram Om Prakash Pvt. Ltd. vs. Commissioner Central Tax GST, Delhi HC orders a stay on search proceedings until Section 67 conditions are met.

Madras HC Orders Refund of Tax Recovery in Athimoolam Contractor Case

October 4, 2023 573 Views 0 comment Print

In the P. Athimoolam Contractor vs. State Tax Officer case, Madras HC sets aside tax recovery, orders refund, and remits the case back to the authorities.

ITAT deletes ALP adjustment as it falls within tolerance band of +/- 5% 

October 4, 2023 393 Views 0 comment Print

Read how ITAT Delhi deleted ALP adjustment in STEAG Energy Services vs. ACIT case, as it falls within tolerance band of +/- 5% under Section 92C(2) of Income Tax Act.

HC quashed order passed by Officer not having jurisdiction

October 4, 2023 7467 Views 0 comment Print

Delhi High Court quashes jurisdiction in Sumitomo Mitsui Financial Group Inc vs. CIT case, leading to the setting aside of impugned orders and notices under the Income Tax Act.

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