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Judiciary

Services doesn’t qualify as FTS as make available condition not satisfied: ITAT Ahmedabad

January 28, 2025 231 Views 0 comment Print

ITAT Ahmedabad held that services do not qualify as Fee for Technical Services [FTS] under India-Netherlands tax treaty since department failed to demonstrate that technology was ‘make available’ to recipient of services.

ITAT Remits Fake Invoice addition Case to AO for consideration of New Evidence

January 28, 2025 420 Views 0 comment Print

ITAT remits the case of Rahul Kumar Singh to the AO after the assessee’s failure to respond to notices, directing the inclusion of new evidence submitted by the appellant.

Section 10(10B) VRS Compensation Exemption Allowed for Central Govt Approved Scheme

January 28, 2025 159 Views 0 comment Print

Assessee was entitled for exemption under section 10(10B) for Voluntary Retirement Scheme (VRS) compensation on whole of the amount received citing that the Central-Government approved schemes that benefited Employees.

Regulation 16A(3A) of CIRP regulations to be followed for replacement of authorised representative

January 28, 2025 72 Views 0 comment Print

NCLAT Delhi held that regulation 16A(3A) of the CIRP Regulations has to be followed for replacement of Authorised Representatives. Adjudicating Authority duly relied on regulation 16A(3A) and rejected the application of the appellant.

Delhi HC Orders Custom dept to Release Bank Guarantee with Interest

January 28, 2025 297 Views 0 comment Print

Delhi HC orders Customs to release bank guarantee with interest to Om Gems & Jewellery, directing compliance with previous judgment on gold imports.

Repeated placing of matter in call book not valid justification for non-adjudication of notice for 15 years

January 28, 2025 177 Views 0 comment Print

Delhi High Court held that repeated placing of the matter in the call book is not a valid justification for non-adjudication of show cause notice for about 15 years. Accordingly, order passed is liable to be quashed due to delay in adjudication.

No revision u/s 263 if AO’s view on the issue was a plausible view

January 28, 2025 267 Views 0 comment Print

AO had raised queries on two issues i.e. (i) assessee claimed only 15% depreciation on the Higher Efficiency Boilers (being energy saving device), when it was eligible for depreciation allowance of 80% on the Written Down Value (WDV).

Resolution Professional Lacks Jurisdiction to Compute Post-Layoff Salary: NCLAT Delhi

January 28, 2025 255 Views 0 comment Print

NCLAT ruled that issue of whether workers were entitled to claim their dues under Industrial Disputes Act during layoff period should be decided by appropriate labour authorities and not within CIRP proceedings.

Non-fulfillment of debt owed to CD is default on part of personal guarantor: NCLAT

January 28, 2025 156 Views 0 comment Print

After considering submissions made by both parties it is held that there is no dispute that the appellant stood as a guarantor for the loan availed by the CD which has already been admitted into CIRP

Bank Deposits Not Always Income: Advance Tax Condition cannot be imposed blindly

January 28, 2025 1272 Views 0 comment Print

Every deposit in the bank account cannot always be an income. Therefore, condition of deposit of advance tax could not be imposed blindly without considering contention of assessee that his income was below the taxable limit.

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