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Archive: 02 December 2024

Posts in 02 December 2024

No further addition if no addition on the grounds for re-opening of assessment

December 2, 2024 2208 Views 0 comment Print

Delhi High Court dismisses Revenue’s appeal in Naveen Infradevelopers case, ruling that no addition can be made post-reassessment if no additions were made initially.

Recourse u/s. 147 not prohibited if conditions of reopening u/s. 153C not satisfied

December 2, 2024 1227 Views 0 comment Print

Delhi High Court held that non-satisfaction of conditions for reopening assessment u/s. 153C of the Income Tax Act doesn’t prohibit AO from taking recourse u/s. 147. Thus, reopening u/s. 147 based on information from investigation wing justified.

Alleged accommodation entries not entered by assessee hence revenue’s appeal dismissed

December 2, 2024 936 Views 0 comment Print

ITAT Ahmedabad held that appeal filed by the revenue is liable to be dismissed since the alleged accommodation entries are not entered by the assessee and no contrary evidences proving the same has been produced by the revenue.

Orissa HC Restores GST Appeal considering non-attendance due to Health Issues

December 2, 2024 543 Views 0 comment Print

Orissa High Court reinstates taxpayer’s appeal, acknowledging health issues that prevented attendance at hearings, allowing further defense opportunity.

Rejection of application u/s. 9 of IBC justified due to pre-existing dispute: NCLAT Delhi

December 2, 2024 645 Views 0 comment Print

The Appellant- Operational Creditor had undertaken to provide services for production of Television Commercial, print shoot and digital content for the Respondent -Patanjali Paridhan Private Limited under the terms of proforma invoice dated 17.10.2018.

CENVAT Credit of fuel oil in engine room of ship imported for breaking is available

December 2, 2024 774 Views 0 comment Print

CESTAT Ahmedabad held that the fuel oil lying in the engine room is part and parcel of the ship which is imported for breaking and hence CENVAT Credit is duly admissible on the same.

ITAT Ahmedabad Partially Upholds Unexplained Investment Addition

December 2, 2024 879 Views 0 comment Print

ITAT Ahmedabad upheld part of the unexplained investment addition for Rs. 79.35 lakh in Bhavin V. Maniar’s case, allowing time for further documentation.

Additions towards penny stock based on concept of human probabilities not justified: ITAT Delhi

December 2, 2024 1227 Views 0 comment Print

The AO proceeded to treat the transactions as penny stock and relying on the investigation report on penny stock from the Investigation Wing, he disallowed the same u/s 68 of the Act to the extent of Rs.1,28,58,450/-.

GST Appeal entertained without pre-deposit if frozen bank account has equivalent amount

December 2, 2024 1005 Views 0 comment Print

The Court further observes and directs that in the eventuality the amount lying in the frozen accounts mentioned in the Show Cause Notice dated 09.04.2024 are not equivalent amount requisite for the pre-deposit in terms with Section 107(6)(b) of the Act of 2017.

No section 68 addition merely for trading in penny stock: ITAT Mumbai

December 2, 2024 6177 Views 0 comment Print

ITAT Mumbai upholds deletion of additions u/s 68 for trading in penny stocks. Assessee provided valid evidence, and AO failed to counter claims with proof.

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