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Judiciary

Bank not liable for money that was fraudulently transferred: UK SC

July 14, 2023 1242 Views 0 comment Print

Reviewing the landmark UK Supreme Court decision in Barclays Bank UK PLC vs Philipp case. Analysing its global implications on bank liability in cases of fraudulent transactions.

Technical glitches: Delay in Form 10CCB filing – Section 80-IA deduction cannot be denied

July 14, 2023 4881 Views 0 comment Print

The ITAT Bangalore has allowed the appeal of Dunichand Khitri Raja against the disallowance of a claim for deduction under section 80-IA of the Income Tax Act. The ITAT held that the delay in filing Form 10CCB, due to technical glitches beyond the assessee’s control, should not bar the claim of deduction.

ITAT Delhi upholds disallowance of belated payment to PF/ESIC

July 14, 2023 627 Views 0 comment Print

ITAT Delhi dismissed appeal of S K G Traders P Ltd against disallowance of employees’ contribution to Provident Fund/ESIC under section 36(i)(va) read with section 43B of Income Tax Act. The ITAT upheld disallowance, citing judgment in Checkmate Services case.

Blocking order under Information Technology Act are unassailable on doctrine of proportionality

July 14, 2023 1896 Views 0 comment Print

Karnataka High Court held that blocking order under Section 69A of the Information Technology Act, 2000 blocking the tweets/accounts for an indefinite period are unassailable on the doctrine of proportionality.

Property tax rate duly applied as non-use or close condition of property was never in knowledge of Corporation

July 14, 2023 699 Views 0 comment Print

Gujarat High Court held that factum of non-use and even handing over of tenancy and later resumption of possession was never in knowledge of Corporation. Further, valuation was undisputedly changed. Accordingly, the rate which was applicable at the relevant point of time is applied by the Corporation.

Shortage ascertained during stock-taking was based on assumption and presumption hence duty demand untenable

July 14, 2023 645 Views 0 comment Print

CESTAT Kolkata held that the shortage ascertained during the course of stock-taking are on the basis of assumption and presumption. Accordingly, duty demand on account of shortage of finished goods unsustainable.

Estimate of cost by Departmental Valuer cannot constitute concealment hence penalty u/s 271(1)(c) not leviable

July 14, 2023 537 Views 0 comment Print

ITAT Visakhapatnam held that mere estimate of cost by Departmental Valuer could not constitute material to concealment and therefore levy of penalty under section 271(1)(c) of the Income Tax Act is not valid.

ITAT directs re-adjudication for addition due to non-reply to assessment notice

July 14, 2023 315 Views 0 comment Print

The ITAT Bangalore has directed the re-adjudication of the case of Satish Panduranga against the addition made by the Assessing Officer (AO) on the ground of non-reply to a notice issued during the assessment proceedings for the assessment year 2017-18.

Internet expenses not deductible against interest income due to lack of nexus

July 14, 2023 1641 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Surat has dismissed the appeal of Adarsh Sahakari Ghar Bandhnari Mandali Ltd, a co-operative housing society, confirming that expenses incurred on internet subscriptions are not eligible for deduction under Section 57 of the Income Tax Act. The tribunal ruled that there was no nexus between the expenses and the interest income earned by the society.

Calcutta HC Grants Stay on Reassessment Proceedings beyond 6 Years

July 14, 2023 1110 Views 0 comment Print

Calcutta High Court has granted a stay on initiation of reassessment proceedings beyond 6 years in case of RPC Commercial LLP. Court found that jurisdiction of assessing officer to issue notice under Section 148 of Income Tax Act was barred by limitation under Section 149(1)(a)/(1)(b).

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