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Archive: 08 June 2023

Posts in 08 June 2023

Reassessment proceedings unsustainable as material facts fully and truly disclosed

June 8, 2023 999 Views 0 comment Print

ITAT Delhi held that initiation of proceedings under section 147/148 of the Income Tax Act unsustainable as there was on failure on the part of the assessee to disclose fully and truly all the material facts.

HC denies bail in fraud of 3 crore by Fabrication of GST Number & Firm name

June 8, 2023 3243 Views 0 comment Print

Supreme Court’s ruling in Sheetal Mittal vs. State of Rajasthan, where anticipatory bail was denied due to fabricated GST number and firm name

TDS credit available to Rinfra as both income and TDS credit is transferred by AEML to Rinfra

June 8, 2023 648 Views 0 comment Print

ITAT Mumbai held that genuine TDS credit to Rinfra cannot be denied merely because credit of TDS didn’t reflected in Form 26AS as on account of transfer of business, Adani Electricity Mumbai Ltd. (AEML) transferred the income and TDS credit to Reliance Infrastructure Ltd. (Rinfra).

Unexplained money received back via banking channel in form of sale consideration taxable u/s 115BBE

June 8, 2023 921 Views 0 comment Print

ITAT Raipur held that unexplained money u/s 69A of the Income Tax Act was received back through banking channel in the form of sale consideration of the shares. Accordingly, the same has to be brought to tax u/s 115BBE of the Income Tax Act.

Insertion of first and second proviso to section 50C(1) being curative in nature has retrospective effect

June 8, 2023 3411 Views 0 comment Print

ITAT Pune held that first and second proviso(es) to section 50C(1), inserted by the Finance Act 2016 w.e.f. 01.04.2017 being curative in nature inserted for removing hardships to the taxpayers and, therefore, it carries retrospective effect.

In absence of source of cash loans, provisions of section 269SS/ 269T not applicable

June 8, 2023 2061 Views 0 comment Print

ITAT Indore held that as AO unable to found source of any cash loans during the search proceedings, provisions of section 269SS/ 269T of the Income Tax Act cannot be applied.

Deletion of addition unjustified as nature of entries in cash book not being recorded in day book not considered

June 8, 2023 786 Views 0 comment Print

ITAT Hyderabad held that CIT(A) wrongly deleted the addition as nature of entries found in the cash book which were not recorded in the day book was not considered.

Legal and professional expenses relating to business is revenue in nature

June 8, 2023 1437 Views 0 comment Print

ITAT Bangalore held that legal and professional charges being incurred towards business are allowable as revenue expenditure.

TUFS Scheme interest being capital receipt should be excluded while working out book profits u/s 115JB

June 8, 2023 645 Views 0 comment Print

ITAT Delhi held that interest receipt under Technology Upgradation Fund Scheme (TUFS Scheme) being capital in nature needs to be excluded while working out the book profits under section 115JB of the Income Tax Act.

Supreme Court Stand Against Inordinate Adjudication Delays

June 8, 2023 2103 Views 0 comment Print

A landmark judgment by Supreme Court of India emphasizing importance of prompt adjudication in show cause notices, as seen in ATA Freight Line Vs Union of India case.

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