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TDS Deducted and Refund Due: Bombay HC quashes Criminal Prosecution u/s 276CC for ITR Default Read Order
The Bombay High Court quashed a criminal prosecution initiated under Section 276CC of the Income Tax Act, 1961 for ITR (Income Tax Returns) filing default which was later filed. The court noting the TDSdeduction and refund due, said 'criminal prosecution
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ITAT Deletes Rs. 54 Lakh Cash Deposit Addition Despite No ITR Filed, Accepts Taxpayer's Role as Property Transaction Intermediary Read Order
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) deleted the unexplainedincome tax addition of Rs. 54,00,500 relating to cash deposits citing that the assessee was working as a property transaction intermediary. Based on AIR/CIB information, th
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Can Importers Get S. 14 Limitation Benefit After Pursuing Refund Remedy Without Challenging Customs Assessment? Delhi HC Answers Read Order
The Delhi High Court held that importer can get the benefit of the principles underlying Section 14 of Limitation Act when it had pursued a refund remedy without first challenging the customs assessment (if that was permitted by the binding law at that ti
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Turnover Enhancement cannot be made w/o any Adverse Material: Allahabad HC quashes Rs. 5L VAT Demand Read Order
The Allahabad high court, recently quashed Rs. 5 lakhs demand under UP Value Added Tax Act ( UP VAT ) ruling that turnover cannot be enhanced due to mere non-production of books of accounts during survey and without any adverse material. A revision petiti
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Delhi HC Rules GST Registration Mandatory for Advocates acting as Insolvency Professionals, Tax payable under FCM Read Order
The Delhi High Court held that the advocates enrolled with the bar, who are acting as insolvency professionals, shall register under the GST ( Goods and Services Tax ) Act and also be liable to pay under Forward Charge Mechanism (FCM). Justice Prathiba M.
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Personal Hearing and Reply Filing under GST can be Fixed on Same Day, No Statutory Prohibition Found: Allahabad HC Read Order
In a recent decision, the Allahabad High Court held that there is no statutory prohibition on GST ( Goods and Services Tax ) authorities for fixing personal hearing and reply filing on the same day. Justice Amitabh Kumar Rai and Justice Alok Mathur dismis
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MSME Development Amendment Bill Passed in Parliament: Key Changes you need to Know Read Bill
The MSME (Micro, Small and Medium Enterprises) Development amendment bill was passed in parliament to improve the competitiveness of the enterprises. The amendment was made to the existing MSME Development Act, 2006 which required necessary changes to cop
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Past MAP Rate Can't Apply When PE Functions Change: ITAT Reduces BBC Global News Profit Attribution from 15% to 12% Read Order
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) reduced the profit attribution to the Indian Permanent Establishment (PE) of BBC Global News Limited from 15% to 12% of advertisement revenue, holding that the earlier MAP rate of 8.75% could not
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Income Tax Proceedings u/s 153C based on Defective Satisfaction Note held Invalid: ITAT Allows Appeal Read Order
The Income Tax Appellate Tribunal (ITAT), New Delhi Bench, allowed an appeal and held that proceedings under Section 153C ofthe Income Tax Act were based on a defective satisfaction note which was invalid. In the present case, incriminating material was f
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NCLAT Upholds Rectification of Clerical Error Does Not Reset Limitation Period for Preferring Appeal u/s 61 IBC Read Order
The National Company Law Appellate Tribunal (NCLAT) held that rectification of any errors made due to clerical and typing mistake in the order would not constitute revival of the limitation period for filing the appeal under section 61 of the Insolvency a
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