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Archive: December, 2024

Posts in December, 2024

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

December 27, 2024 4992 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 489 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 924 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 399 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 10560 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 783 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 990 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 1227 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.

Assessee’s computation of expense for exempt income not found inadequate so recourse to rule 8D invalid

December 27, 2024 603 Views 0 comment Print

Delhi High Court held that recourse to Rule 8D of Income Tax Rules for computing disallowance u/s. 14A not allowable since assessee’s computation of expense attributable to earning exempt income not found inadequate.

Addition u/s. 69C towards cash payment deleted since source of cash already taxed: ITAT Mumbai

December 27, 2024 1380 Views 0 comment Print

ITAT Mumbai held that once the source of cash is taxed, it cannot be further taxed as unexplained cash expenditure. Hence, addition under section 69C of the Income Tax Act for cash payments deleted.

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