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Archive: 27 December 2024

Posts in 27 December 2024

Non-generation of income after setting up of business cannot be ground to disallow expense

December 27, 2024 123 Views 0 comment Print

ITAT Mumbai held that disallowance of entire expenses alleging that assessee has not started its business activity till date not justified since non-generation of income after setting up of business cannot be a ground to disallow expenses.

Filing requirement of Form 10IC for benefit u/s. 115AAB becomes irrelevant in subsequent year

December 27, 2024 573 Views 0 comment Print

ITAT Delhi held that benefit of section 115AAB of the Income Tax Act availed in the preceding year cannot be denied in subsequent year on the reason of non-filing of prescribed Form 10IC. Accordingly, appeal allowed.

Mentioning wrong PAN number of deceased person, is not a curable defect: ITAT Delhi

December 27, 2024 4539 Views 0 comment Print

The assessee has received Rs. 2,54,24,007/- as interest on enhanced compensation from HUDA after the compulsory acquisition of the agriculture land of the assessee, on which TDS @10% was also deducted.

Rectification order made simultaneously must be given effect: ITAT reduces income

December 27, 2024 195 Views 0 comment Print

Even after the submission CIT (A) ignored the fact and upheld the addition amounting to Rs. 32,00,000/- not at Rs. 18,50,000/- which was result of rectification order passed by the AO.

When assessee challenges stamp duty valuation, AO duty-bound to rely on DVO valuation: ITAT Ahmedabad

December 27, 2024 360 Views 0 comment Print

In a recent ruling Delhi HC remanded the proceedings to the AO to consider the Assessee’s alternate claim for loss arising out of the HTM securities, as loss under the head ‘income from business and profession.

All authorities below failed to appreciate filed details- Delhi HC remand matter to AO

December 27, 2024 171 Views 0 comment Print

In a recent ruling Delhi HC remanded the proceedings to the AO to consider the Assessee’s alternate claim for loss arising out of the HTM securities, as loss under the head ‘income from business and profession.

PIL Challenges Constitutionality of TDS System Under Article 32

December 27, 2024 9504 Views 2 comments Print

The PIL challenges the TDS system’s constitutionality, citing undue burdens, forced labor, and Article 14, 19, and 21 violations, advocating fairer tax practices.

Bail granted in fraudulent availment of ITC as no incriminating material recovered

December 27, 2024 354 Views 0 comment Print

Chhattisgarh High Court granted bail as no incriminating has been recovered at the instance of the present applicant in the matter of fake firm for availing fraudulent Input Tax Credit. Bail application allowed.

Initiation of reassessment proceedings against dead person illegal: Kerala HC

December 27, 2024 327 Views 0 comment Print

The assessee, expired on 30.10.2021. Notice dated 27.03.2023 u/s. 148A(b) of the Act was served on the address of the late assessee. The said notice was with respect to the assessment year 2019-2020.

Assessee not well versed with tax proceedings failed to furnish documents before AO hence matter restored

December 27, 2024 651 Views 0 comment Print

ITAT Ahmedabad held that since the assessee, being an agriculturist was not well versed with tax proceedings, was unable to file required documents against addition on account of unexplained cash credit u/s. 69A of the Income Tax Act before AO.

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