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Archive: 10 December 2024

Posts in 10 December 2024

Arrest must be Rational, Fair & Based on Admissible Evidence: MP HC

December 10, 2024 609 Views 0 comment Print

Madhya Pradesh High Court grants bail, emphasizing arrests under PMLA must be rational, fair, and based on admissible evidence. Statements under Section 50 deemed inadmissible.

Penalty notice u/s. 271(1)(c) without specifying correct limb is invalid: ITAT Kolkata

December 10, 2024 912 Views 0 comment Print

A proceeding u/s 271(1) (c) of the Act was initiated against the assessee as during the assessment proceedings u/s 143(3) of the Act it was seen that in the ABN Amro Bank account of the assessee a cash amounting to Rs. 20 Lakh was deposited.

Shareholder cannot be treated as ‘aggrieved party’ under IBC so appeal u/s. 61 not maintainable

December 10, 2024 933 Views 0 comment Print

NCLAT Delhi held that the Shareholders or Investors in CD are not to be treated as “person aggrieved” under the IBC. Thus, application filed by the shareholder under section 61 of the Insolvency and Bankruptcy Code is not maintainable

Assessment proceedings based on invalid notice is liable to be quashed: ITAT Kolkata

December 10, 2024 1497 Views 0 comment Print

ITAT Kolkata held that notice issued under section 143(2) of the Income Tax Act by AO not having valid jurisdiction is not sustainable in law. Accordingly, assessment proceeding based on an invalid notice is liable to be quashed.

Notice issued in name of dead person wouldn’t be valid by subsequent participation of legal representatives

December 10, 2024 2199 Views 0 comment Print

The same was responded to by the Chartered Accountant and on becoming aware of the legal representatives of the deceased-original assessee order dated 30.07.2022 was passed u/s. 148A(d) of the Income Tax Act, 1961.

Imposition of penalty u/s. 271(1)(c) for highly debatable issue not justified: ITAT Bangalore

December 10, 2024 972 Views 0 comment Print

Assessee is a credit cooperative society engaged in the business of providing credit facilities to its members for A.Y. 2014 – 15, filed its return of income after claiming deduction u/s. 80 P (2) (a) of the income tax act.

Bail granted following the principle that bail is a rule and jail is an exception: Allahabad HC

December 10, 2024 528 Views 0 comment Print

Allahabad High Court granted bail to applicant involved in criminal matter based on the principle of ‘bail is a rule and jail is an exception’ and also concluding that there are no chance of absconding.

Amendment to section 43CA vide Finance Act 2020 has retrospective application: ITAT Kolkata

December 10, 2024 828 Views 0 comment Print

ITAT Kolkata held that amendment to section 43CA of the Income Tax Act vide the Finance Act, 2020 via which tolerance band for deviation between actual sale price and stamp duty valuation increased from 5% to 10% has retrospective application.

Section 50C doesn’t applicable while calculating WDV for claiming depreciation on block of asset

December 10, 2024 1182 Views 0 comment Print

ITAT Mumbai held that the deeming fiction of section 50C Income Tax Act cannot be extended while working out the written down value (WDV) for the purpose of claiming deprecation on the block of the asset. Thus, disallowance made is liable to be deleted.

Delay of 611 days condoned as assessee being layperson has limited familiarity with e-portal system

December 10, 2024 708 Views 0 comment Print

ITAT Ahmedabad condoned the delay of 611 days in filing of an appeal considering the fact that the assessee is a layperson with limited familiarity with the intricacies of the e-portal system.

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