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Archive: August, 2024

Posts in August, 2024

Voter ID Cannot Be Sole Evidence for Determining Age in Insurance Claims: Orissa High Court

August 18, 2024 783 Views 0 comment Print

The Orissa High Court ruled that voter ID alone is not reliable for determining age in insurance claims, directing LIC to reassess and disburse the petitioner’s claim within a week.

Section 153A Addition Valid Only if Based on Material Seized during search: ITAT Kolkata

August 18, 2024 606 Views 0 comment Print

ITAT Kolkata held that additions u/s. 153A of the Income Tax Act could only be made on the basis of seized material found during the course of search. Thus, making additions in regular assessment without any incriminating material relating to said addition not justified.

Avoidance application timelines under IBC Regulation 35A is not mandatory: Delhi HC

August 17, 2024 2358 Views 0 comment Print

Delhi High Court held that timelines under Regulation 35A of the CIRP Regulations, 2016 for filing avoidance application are directory and not mandatory in nature.

Settlement Consideration Taxable as ‘Capital Gains’: Delhi HC

August 17, 2024 2262 Views 0 comment Print

Delhi HC held that the settlement consideration as received was liable to be recognized as capital gains and the same couldn’t possibly or justifiably be placed in the category of ‘profit in lieu of salary’.

Kerala SGST Circular on KITIS Return Filing Process

August 17, 2024 1827 Views 0 comment Print

Kerala SGST mandates return filing via KITIS with electronic verification; new rules apply to KVAT, KGST, and CST Acts from August 2024.

Passing of Section 148A(d) order based on fresh ground untenable: Delhi HC

August 17, 2024 2640 Views 0 comment Print

Delhi High Court held that passing of order by the revenue under section 148A(d) of the Income Tax Act on the basis of fresh ground which was never taken up with the assessee in the notice is untenable in law.

Section 68 Addition Justified Due to Unproven Genuineness & Creditworthiness: ITAT Ahmedabad

August 17, 2024 867 Views 0 comment Print

ITAT Ahmedabad held that genuineness of transaction, creditworthiness and identity of creditors not proved, hence addition u/s. 68 of the Income Tax Act towards unexplained credit duly sustained.

Advance tax payment provisions doesn’t apply to reassessment proceedings: ITAT Indore

August 17, 2024 1056 Views 0 comment Print

ITAT Indore held that rejection of appeal by CIT(A) on the footing of non-payment of advance tax as required by section 249(4)(b) untenable as payment of advance tax is not applicable in case of reassessment proceedings.

Section 148 notice to NRI Without Mandatory Faceless Procedure Unsustainable: Telangana HC

August 17, 2024 2481 Views 0 comment Print

Telangana High Court held that notice issued u/s. 148 of the Income Tax Act must comply with the requirement of the Scheme whether or not the Taxpayer is NRI/Indian Citizen. Thus, issuance of notice to NRI u/s. 148 without following mandatory faceless procedure is set aside.

Comparison of Secured & Unsecured Loan Interest Rates Not Justified: ITAT Indore

August 17, 2024 837 Views 0 comment Print

ITAT Indore held that rate of interest on secured loan from banks cannot be compared with the rate of interest on unsecured loan. Accordingly, disallowance of interest u/s. 40A(2)(b) of the Income Tax Act deleted.

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