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Judiciary

Advance forfeited without transfer of capital assets is taxable as ‘Income from Other Sources’

August 5, 2023 1593 Views 0 comment Print

ITAT Mumbai held that as per Section 56(2)(ix) of the Act money received as advance would be treated as income liable to tax in the hands of recipients under the head ‘Income from Other Sources’ provided such advance is forfeited and the negotiations do not resulted in transfer of the capital assets.

Charge of money used being obtained by fraudulent means cannot be pardoned before full-fledged trial

August 5, 2023 456 Views 0 comment Print

Calcutta High Court held that charges under section 24 of the Prevention of Money Laundering Act, 2002 towards any knowledge of committing crime of the money used is obtained by fraudulent means cannot be pardoned before a full-fledged trial.

Reassessment after 4 years without failure to disclose full & true material facts unsustainable

August 5, 2023 1080 Views 0 comment Print

Bombay High Court held that initiation of reassessment proceedings u/s 147 after the expiry of 4 years from the end of the relevant assessment years without failure on the part of the assessee to disclose fully and truly all the material facts unsustainable and liable to be quashed.

PCIT cannot exercise revisionary jurisdiction under section 263 on material not confronted to assessee 

August 5, 2023 819 Views 0 comment Print

Analyzing the High Court case, ACIT Vs Sun and Sun Inframetric Pvt. Ltd., focusing on the PCIT’s ability to exercise revisionary jurisdiction under Section 263.

HC Denies TDS Demand on EDC: DLF Homes Vs JCIT Case

August 5, 2023 2007 Views 0 comment Print

Explore the Delhi High Court’s landmark decision in DLF Homes Panchkula Pvt Ltd vs JCIT (OSD) case, rejecting TDS on External Development Charges, and its implications on taxation norms

Acceptance of Project Completion Method followed by Assessee consistently by AO not erroneous

August 5, 2023 6876 Views 0 comment Print

An overview of case, Parth Developers vs PCIT, where ITAT rules that PCIT can’t invoke Section 263 for a project completion method consistently used by AO.

Penalty imposed without verifying Service Tax Payment documents – CESTAT directs reconsideration

August 5, 2023 444 Views 0 comment Print

Examining Nandji Mishra Vs Commissioner of Central Excise case on service tax non-payment penalties and the need for evidence verification.

Duty Demand Quashed: No Evidence for Clandestine Goods Removal

August 5, 2023 972 Views 0 comment Print

Analysis of Asian Plywood Industries Vs CGST & Excise case where demand of customs duty is quashed due to lack of evidence for clandestine goods removal.

Prior Contract Supersedes Standing Orders for Fixed-Term Workmen Appointments

August 5, 2023 1083 Views 0 comment Print

Explore the Supreme Court case Bharatiya Kamgar Karmachari Mahasangh Vs Jet Airways. Understand how a prior contract can override standing orders in appointing workmen for a fixed period.

Universal Joints Parts for Transmission Shaft falls under Heading 84836090

August 4, 2023 783 Views 0 comment Print

CESTAT Delhi held that Universal Joints Parts to be used in transmission shaft, are more specifically covered under sub heading 8483 60 90 and not under heading 8708.

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