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Archive: 09 June 2024

Posts in 09 June 2024

Interest Calculation from DVAT Tribunal Order Date: Delhi HC

June 9, 2024 555 Views 0 comment Print

Delhi High Court rules that interest on refunds under the DVAT Act should be computed from the date of the DVAT Appellate Tribunal’s order, not from the deposit date.

Jurisdictional error in Section 143(2) notice cannot be cured under section 292BB 

June 9, 2024 2352 Views 0 comment Print

Read the full text of the ITAT Delhi’s order on the invalid notice issued before filing ITR, leading to the quashing of the assessment order in the case of Mideast Integrated Steels Ltd Vs ACIT.

NCLT Rule 49 Grants Adjudicating Authority Discretion to Proceed Ex Parte; This Power Is Not Absolute: NCLAT Delhi

June 9, 2024 126 Views 0 comment Print

In the case of Ashok Tiwari Vs DBS Bank India, the NCLAT rules on Rule 49, allowing proceedings to proceed ex parte when the corporate debtor fails to appear, stirring debate.

CIT(A) Obliged to Address Merits Despite Ex-Parte Order: ITAT Pune

June 9, 2024 471 Views 0 comment Print

ITAT Pune rules that CIT(A) must address merits in appeals, not dismiss for non-prosecution. Key case: York Transport Equipment (India) Private Limited Vs ITO.

Role of RP is only that of facilitator between Personal Guarantor & Creditors

June 9, 2024 597 Views 0 comment Print

NCLT clarifies RP’s role is consulting PG, while debtor must prepare repayment plan. Read the detailed analysis of Indiabulls Housing Finance Ltd. Vs Subhash Chandra.

Section 292BB cannot cure defect in notice to deceased assessee  

June 9, 2024 480 Views 0 comment Print

Read the detailed analysis of Late Lodaya Navalbai Vs ITO case by ITAT Bangalore. Learn why the reassessment proceedings were quashed and its implications.

Voluntary Compensation in lieu of ESOP Not Part of Salary: Delhi HC in Flipkart-Phonepe Case

June 9, 2024 17172 Views 3 comments Print

In the case of Sanjay Baweja Vs DCIT, the Delhi High Court ruled that one-time payments in lieu of ESOPs do not constitute salary under Section 17 of the Income Tax Act.

Delay in SFT-005 Filing: Excuse of Server Issue Rejected by ITAT

June 9, 2024 252 Views 0 comment Print

Read about the case of Waghodia Urban Co. Op. Bank Limited vs. Director of Income Tax regarding a penalty levied under Section 271FA for delay in filing SFT-005, where the excuse of server issue was dismissed.

ITAT deletes Section 271(1)(c) penalty for Non-application of mind

June 9, 2024 561 Views 0 comment Print

Read the detailed analysis of ITAT Ahmedabad’s order canceling penalty under section 271(1)(c) of the Income Tax Act. Co-owner status and lack of concealment discussed.

No Income arises due to Transfers of amount from Current to Deposit Account

June 9, 2024 321 Views 0 comment Print

ITAT Chennai’s order regarding the transfer from current to deposit account as non-income, and deletion of addition. Full text of the order provided.

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