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Search results for: tax deduction

Delhi ITAT's Order In the Case of MDLR Airline (P) Ltd Vs DCIT

Delhi ITAT: Proper Approval from Authority is Required Before Passing Any Assessment/Reassessment in a Search Case

The Income Tax Appellate Tribunal ( ITAT ) of the New Delhi bench for a case ruled that the assessment or reassessment in an investigation concerned with the matter could not be passed without proper approval of the competent authority and quashed it. It was noted that the approval allotted u/s 15D of the Income […]

Rajasthan GST AAAR's Order for Federal-Mogul Ignition Products India Limited

Rajasthan’s GST AAAR Denies AAR’s Decision and Orders for a Fresh Ruling on Canteen Subsidies

AAAR ruled that the Authority for Advance Ruling, Rajasthan had made a mistake in pronouncing the ruling on merits. AAR ruling, Rajasthan on 18.10.2022 has been set aside and the case is remanded back to the AAR to determine the application afresh on merits post acknowledging all the questions secured by the appellant in their […]

Delhi ITAT's Order In the Case of Lx Pantos India Private Limited Vs ACIT

ITAT Cancels TDS Demand U/S 195 Which Made Payment for Providing Information on Tariff Change is Not FTS

The New Delhi bench of the Income Tax Appellate Tribunal ( ITAT ) ruled that payment made overseas for delivering a report on Tariff Change is not FTS and set aside the demand of Tax Deducted at Source ( TDS ) under section 195 of the Income Tax Act, 1961. While framing the assessment, AO […]

Delhi ITAT's Order In Case of Ambience Private Limited vs ITO

Delhi ITAT Deletes Penalty U/S 271C If Not Deducting TDS On Account of Belief U/S 194J

While discovering that the taxpayer has a valid reason to acknowledge the payments for ‘transactional charges’ to be not covered u/s 194J(1)(ba) of the Income Tax Act, the New Delhi ITAT ordered to deletion of the penalty order passed by the CIT(A) u/s 271C. Under Section 194J(1)(ba) of the Income Tax Act, any payment made […]

Delhi HC's Order In The Case of AJ Flight Reservations Pvt. Ltd. v/s Commissioner of CGST

GST Refund Not Processed Within Legal Timeframe: Delhi HC Orders Repayment Within 2 Weeks

The Delhi High Court asked the appropriate officer to expedite the refund process for a petitioner who asked the Court to direct the refund of a sum of Rs.81,79,52 u/s 54 of the Central Goods and Services Act,2017. The applicant, AJ Flight Reservations Pvt. Ltd., represented by Advocate Vineet Bhatia, had filed a refund claim […]

Delhi ITAT's Order In the Case of Sanjeev Kumar Goyal VS ITO

Reasonable Cause is Proven for Failure to Timely File an Audit Report, Delhi ITAT Vacates the Penalty

Section 44AB of the Income Tax Act emits an obligation on the taxpayer to get accounts audited prior to the cited date and provide by that date the report of such audit, New Delhi ITAT ruled. The ITAT while learning that there was reasonable cause for failure in providing the Tax Audit Report in time, […]

SC's Order In Case of Federation of all India Vyapar Mandal versus Union of India & ORS.

SC Denies to Hear Plea Against 45-Day Payment Rule U/S 43B(h)

The Supreme Court has denied looking into the petition that the Micro and Small Enterprises (MSEs) submitted contesting a 45-day payment rule stated in Section 43B(h) of the Income Tax Act. SC replying to the petition recommended the MSEs ask for recourse via the HC when they want to pursue any relief pertinent to the […]

The FY25 Budget Session Could Bring Changes to Clause H of Section 43B

FY25 Budget Session May Revise Clause H of Section 43B

In the Income Tax Act a modification that has the objective of stringent the small businesses via assuring timely payments may have mistakenly prevented the buyers from engaging with them. The learned sources with the government discussions indicated a potential amendment in the act at the time of the coming FY25 full budget session in […]

Rajasthan HC's Order In Case of The Income Tax Officer Versus Rajendra Prasad Vaish

Rajasthan HC: ‘Mens Rea’ is An Essential Element To Establish Delayed ITR Offense

While finding a taxpayer guilty of the offence of filing delayed income tax returns, “mens rea“ is a crucial ingredient, the Rajasthan High Court ruled. In the absence of mens rea, an accused could not be held guilty, and his conviction u/s 276 CC of the Income Tax Act cannot be supported, the bench of […]

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