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Archive: 25 January 2025

Posts in 25 January 2025

AO must determine FMV of shares in terms of Explanation to Sec. 56(2)(viib): ITAT

January 25, 2025 771 Views 0 comment Print

Assessee being a real estate developer, allotted 10060 equity shares as per the fair market value (FMV) computed in accordance with Sec.56(2)(viib) read with Rule 11U / 11UA.

Proceedings against deceased person cannot continue against legal representative: Karnataka HC

January 25, 2025 1242 Views 0 comment Print

Karnataka High Court held that proceedings initiated against deceased person are null and void and the same cannot be continued against his/her legal representative. Accordingly, order of Single Judge not interfered.

Addition unwarranted as GP rate on sale of alleged bogus purchases is more than GP rate of other purchases

January 25, 2025 765 Views 0 comment Print

ITAT Mumbai held that addition towards bogus purchases unwarranted as GP rate on sale of alleged bogus purchases is more than the GP rate of other purchases. Accordingly, appeal allowed the addition deleted.

No Section 114AA penalty if customs broker not responsible for forging any documents

January 25, 2025 444 Views 0 comment Print

CESTAT Allahabad held that imposition of penalty u/s. 114AA of the Customs Act not justified since customs broker was not held responsible for forging any documents for clearance of goods. Accordingly, penalty imposed u/s. 114AA set aside.

Revision u/s. 263 justified as AO accepted claim without adequate enquiry: Kerala HC

January 25, 2025 438 Views 0 comment Print

Kerala High Court held that revisionary proceedings by PCIT u/s. 263 rightly exercised since claim of provision for bad and doubtful debts was assumed by assessing officer to be correct without adequate enquiry. Accordingly, appeal dismissed.

Interest free advance given to farmers out of business expediency justified: ITAT Agra

January 25, 2025 225 Views 0 comment Print

ITAT Agra held that addition towards interest paid on CC is liable to be deleted since interest free advance given to potato growers (farmers) were out of the business expediency. Accordingly, addition deleted and appeal allowed.

Sales promotion expense allowed as deduction u/s. 37(1) as evidences duly produced: ITAT Kolkata

January 25, 2025 483 Views 0 comment Print

ITAT Kolkata held that expenditure towards sales promotion expenses allowed as deduction under section 37(1) of the Income Tax Act since bills along with other evidences related to the same is duly produced. Accordingly, appeal allowed.

Lack of Query & Answer in Assessment Order Not Grounds for Revision if AO Satisfied

January 25, 2025 1299 Views 0 comment Print

Delhi High Court in CIT vs. Vikas Polymers clarified Section 263 of the Income-tax Act, emphasizing procedural compliance for revisional powers of the CIT.

Once a view is conclusively taken by AO, reassessment based on same material cannot occur

January 25, 2025 1992 Views 0 comment Print

Bombay HC rules against reopening DCW Limited’s assessment under Section 148. No income escape as full disclosure was made in assessment proceedings.

Section 263: Lack of Detailed Reasoning Not Equal to Non-Application of Mind

January 25, 2025 351 Views 0 comment Print

Delhi High Court dismissed the Revenue’s appeal in CIT vs. Anil Kumar Sharma, affirming the Tribunal’s decision on Section 263 of the Income Tax Act.

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