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Archive: 09 December 2024

Posts in 09 December 2024

Gross receipts calculation for section 44AD includes duty drawback: ITAT Kolkata

December 9, 2024 1770 Views 0 comment Print

ITAT Kolkata held that duty drawback is part of gross receipts for the purpose of calculation of ‘gross receipts’ under the presumptive taxation as per section 44AD of the Income Tax Act. Thus, appeal allowed.

Addition u/s. 68 set aside as no allegation of assessee’s involvement in price rigging/ increase

December 9, 2024 990 Views 0 comment Print

ITAT Delhi held that merely because particular scrip is identified as penny stock it doesn’t mean all the transactions carried out in that scrip would be bogus. Addition, u/s. 68 deleted in absence of allegation of assessee being involved in any price rigging or price increase.

Luxury tax leviable on charges collected for provision of sophisticated medical beds to expecting mothers

December 9, 2024 537 Views 0 comment Print

Kerala High Court held that charges collected for provision of sophisticated medical beds for providing optimum nursing care to expecting mothers is liable to luxury tax under the Kerala Tax on Luxuries Act, 1976.

Assessee acted as kaccha arahtia is eligible for entire TDS credit: ITAT Visakhapatnam

December 9, 2024 975 Views 0 comment Print

Tribunal in the case of Yegneswari General Traders vs. ITO held that kaccha arahtias are concerned, the turnover does not include the sales effected on behalf of the principals and only the gross commission has to be considered for the purpose of 44AB.

Addition u/s. 68 not sustained as cash deposited out of business receipts: ITAT Mumbai

December 9, 2024 1308 Views 0 comment Print

ITAT Mumbai held that cash deposits were evidently business receipts, in absence of any other evidence of any other undisclosed source of income, the same cannot be considered as unexplained cash credit. Accordingly, addition under section 68 liable to be set aside.

Share application money didn’t constitute financial debt u/s. 5(8) of IBC: NCLAT Delhi

December 9, 2024 822 Views 0 comment Print

NCLAT Delhi held that the amount given as share application money did not constitute a financial debt under Section 5(8) of the Insolvency and Bankruptcy Code 2016 (IBC). Thus, CIRP application u/s. 7 rightly rejected.

Weekly newsletter from Chairman, CBIC, Dated: 09.12.2024

December 9, 2024 408 Views 0 comment Print

Read about CBIC’s recent accomplishments, including the meeting with India’s President, DRI Foundation Day, infrastructure developments, and innovations at JNCH.

CBDT relaxed time period for application for regular approval of fund u/s. 80G(5): ITAT Surat

December 9, 2024 711 Views 0 comment Print

ITAT Surat held that rejection of application for regular approval of fund under section 80G(5) of the Income Tax Act as time barred not justified in terms of relaxation of time period as per CBDT Circular no. 7/2024 dated 25.04.2024

Allahabad HC Quashes Order Due to GST Portal Notice Upload Error

December 9, 2024 1560 Views 0 comment Print

Allahabad High Court ruling on Ola Fleet Technologies’ petition challenging GST order citing communication issues and procedural lapses. Case disposed with directives.

Assessment of other incomes not forming part of reasons for reassessment untenable: Delhi HC

December 9, 2024 840 Views 0 comment Print

Delhi High Court held that Assessing Officer cannot assess other incomes where no addition is made on account of reasons for which reassessment was initiated under section 147 of the Income Tax Act. Accordingly, appeal of the revenue dismissed.

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