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Archive: 11 January 2025

Posts in 11 January 2025

Separate application for compounding of Income Tax offences by co-accused permissible: Delhi HC

January 11, 2025 276 Views 0 comment Print

Delhi High Court held that co-accused permitted to apply separately for compounding of offences committed by a Company or HUF. Accordingly, matter remitted back to decide afresh in light of CBDT circular dated 17.10.2024.

Maintenance of books not required for filing ITR u/s 44AD-ITAT set-aside order u/s 263

January 11, 2025 18594 Views 0 comment Print

It was argued on behalf of assessee that PCIT is wrong in concluding that return filed u/s 44AD did not envisage the maintenance of any Books of Accounts. Section 68 can be invoked only if there is any entry in the Books of Accounts.

First Day Excluded; One-Day Delay Not Considered Delay in Filing: ITAT Visakhapatnam

January 11, 2025 2673 Views 1 comment Print

ITAT restores gratuity addition matter to CIT(A) in Vaddadi Madhusudana Rao’s appeal despite 1-day delay in filing the appeal.

CIT(A) granted all opportunity within 15 days: ITAT remanded matter to CIT(A)

January 11, 2025 459 Views 0 comment Print

In the abovementioned case ITAT remanded the matter to CIT (A) after considering the fact that no proper opportunity was availed by assessee before CIT (A) and revenue has no objection in remanding the matter.

Quashing of Section 263 Order Invalidates Consequent Proceedings: ITAT Ahmedabad

January 11, 2025 639 Views 0 comment Print

ITAT quashes S.263 revision order and annuls CIT(A) order in Kolet Resort Club Pvt Ltd case due to invalid assessment for AY 2015-16.

Order passed without considering adjournment application: ITAT Remands Case for Rehearing

January 11, 2025 387 Views 0 comment Print

ITAT Ahmedabad remands Ashadeep Industries vs. ITO for rehearing, emphasizing procedural fairness and opportunity to be heard under natural justice principles.

Dept Cannot Initiate Proceedings Based on Delayed Section 41(4) OVAT Audit Report: Orissa HC

January 11, 2025 219 Views 0 comment Print

Orissa High Court rules that delayed audit reports under Section 41(4) of the OVAT Act cannot justify subsequent proceedings, setting aside related assessments.

Department needs to prove un-printed sheets of Taiwanese origin for levy of anti-dumping duty

January 11, 2025 168 Views 0 comment Print

CESTAT Ahmedabad held that department imposed anti-dumping duty on un-printed sheets treating it to be Taiwanese origin, hence burden of proof lies on department to establish the same. In absence of any proof, demand cannot be sustained.

Claim u/s. 80IC allowed as establishment exists in eligible area: ITAT Ahmedabad

January 11, 2025 150 Views 0 comment Print

ITAT Ahmedabad held that inadvertent mentioning of wrong area in Form 10CCB resulted into denial of claim u/s. 80IC. Thus, clam allowed since it is proved that establishment of assessee exists in eligible area. Accordingly, appeal allowed.

Directs CIT(A) to decide denial of FTC with other pending appeal of same assessment year: ITAT Ahmedabad

January 11, 2025 312 Views 0 comment Print

ITAT Ahmedabad directs CIT(A) to decide the denial of Foreign Tax Credit (FTC) due to delay filing of Form No. 67 to be decided with other pending appeal of the same assessment year. Accordingly, matter remitted to CIT(A).

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