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Archive: 03 January 2025

Posts in 03 January 2025

ITAT Delhi Allows Set-Off of Accumulated Deficit Against Current Year Surplus

January 3, 2025 447 Views 0 comment Print

In a recent ruling ITAT Delhi relied upon the binding precedent of the Hon’ble Supreme Court of India in the case of CIT vs. Subros Educational Society, (2018) 96 taxmann.com 652 (SC) in deciding that the set off of accumulated deficit is allowable.

Decree holder qualifies as Financial Creditor when decree is based on financial debt

January 3, 2025 213 Views 0 comment Print

NCLAT Delhi held that a Decree Holder falls within the purview of the Financial Creditor under the Code, if the decree is based on a financial debt. Accordingly, dismissal of petition u/s. 7 of IBC not justified.

ITAT Refers AO to Examine Section 2(15) Allowability in Light of SC Decision

January 3, 2025 531 Views 0 comment Print

In the matter abovementioned ITAT referred to the AO to examine the allowability of the claim u/s 11 of the Act in view of the decision of the Hon’ble Apex Court in the decision of ACIT Vs. Ahmedabad Urban Development Authority, (2022) 449 ITR 1 (SC).

Co-owner consent not required for availing GST registration: Allahabad HC

January 3, 2025 519 Views 0 comment Print

Allahabad HC rules co-owner consent unnecessary for GST registration if ownership proof, like an electricity bill, is in the owner’s name. Case details inside.

Inordinate delay of 9 years much beyond time limit u/s. 73(4B) of Finance Act not condoned

January 3, 2025 432 Views 0 comment Print

Delhi High Court held that inordinate delay of 9 years in prosecuting the case is not justified since the same is much beyond the time limit prescribed under section 73(4B) of the Finance Act, 1994. Accordingly, delay not condoned and hearing notice quashed.

Digital or Manual Signature Needed for Valid Section 73 GST Orders: Kerala HC

January 3, 2025 441 Views 0 comment Print

Kerala HC rules that GST orders under Section 73 must have digital or manual signatures to be valid, quashing impugned orders in the case of Fortune Service.

No proper service and opportunity before CIT (A): ITAT remand matter to CIT (A)

January 3, 2025 231 Views 0 comment Print

Assessment completed u/s. 143(3) r.w.s. 144 for AY 2010-11 after making of addition of Rs. 36,092/- on account of wrong claim of deduction u/s. 24 and Rs. 23,43,705/- was also disallowed on account of unexplained cash credit u/s. 68 of the Act, Rs. 24,22,305/- on account of unaccounted receipts from Shiva Phrama Ltd. and Rs. 2,06,883/- on account of unaccounted receipts received from various companies.

ICAI Disciplinary Actions Against Chartered Accountants – 3rd January 2025

January 3, 2025 7959 Views 0 comment Print

ICAI announces disciplinary actions for professional misconduct against five Chartered Accountants, including suspensions and fines, effective January 2025.

Revision u/s. 263 quashed as enquiry already conducted during assessment: ITAT Ahmedabad

January 3, 2025 657 Views 0 comment Print

ITAT Ahmedabad held that revisionary proceeding under section 263 of the Income Tax Act quashed since enquiry already conducted by AO during the course of assessment proceedings. Accordingly, appeal allowed.

Interest on sanctioned refund under Customs admissible after 3 months from date of application

January 3, 2025 264 Views 0 comment Print

CESTAT Ahmedabad held that under Customs Act interest on sanctioned refund is admissible after three months from the date of application and not from date of Commissioner (A) order.

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