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Archive: 30 January 2025

Posts in 30 January 2025

For deciding application for “brand rate” relevant date deemed to be from date of conversion: CESTAT

January 30, 2025 354 Views 0 comment Print

Shipping bills, pertaining to export during the transition i.e. 01.02.2021 to 20.09.2021, were sought to be converted as having been undertaken on claim for drawback or in fulfillment of the scheme for which application was preferred on 25.10.2021.

No Section 271(1)(c) penalty if Assessee allowed section 80IA(4) deduction subsequently

January 30, 2025 561 Views 0 comment Print

ITAT Ahmedabad dismisses penalty for disallowance of deduction under section 80IA(4), ruling in favor of the assessee as a developer.

Addition u/s. 68 deleted as identity, genuineness and creditworthiness of lenders established

January 30, 2025 687 Views 0 comment Print

ITAT Ahmedabad held that additions under section 68 of the Income Tax Act is not sustainable since assessee established identity, genuineness and creditworthiness of the lenders. Accordingly, addition u/s. 68 deleted.

ITAT Sets Aside 80G Rejection Due to Incorrect Assumption by CIT(E)

January 30, 2025 627 Views 0 comment Print

ITAT Ahmedabad remands 80G application rejection, citing an incorrect assumption about 12A registration status. Case sent back for fresh consideration.

Deduction towards leave encashment fund admissible only when it is actually paid

January 30, 2025 1347 Views 0 comment Print

Himachal High Court held that as per section 43-B of the Income Tax Act deduction towards contribution to leave encashment fund is available only when the same is actually paid. Accordingly, appeal of the assessee dismissed.

Effective service of GST Notice: Madras HC’s Order in Udumalpet Sarvodaya Sangham

January 30, 2025 1512 Views 0 comment Print

Madras High Court ruled on service of notice under TNGST Act, emphasizing modes of communication and setting aside assessment orders served only via the online portal.

Extra Judicial Confession Should Be Trustworthy To Establish Guilt: SC

January 30, 2025 324 Views 0 comment Print

The Supreme Court ruled that extra-judicial confessions must be true, voluntary, and free from coercion to establish guilt, overturning a Bombay High Court verdict.

Addition u/s. 68 deleted since denial of exemption u/s. 10(38) not justified: ITAT Delhi

January 30, 2025 297 Views 0 comment Print

ITAT Delhi held that there is no case for making any addition u/s 68 of the Act in the hands of the assessee by denying the exemption under section 10(38) of the Act for the LTCG on sale of shares of Unno Industries Limited. Accordingly, appeal allowed.

Penalty not sustainable if related assessment order is quashed: ITAT Mumbai

January 30, 2025 1158 Views 0 comment Print

ITAT Mumbai rules that penalty cannot be maintained after assessment order is quashed, restoring a case to CIT(A) for fresh hearing.

Appellant’s unawareness of e-proceedings: ITAT Remands Case for Reassessment

January 30, 2025 1074 Views 0 comment Print

Summary of ITAT Ahmedabad’s decision in Anantrai Vithalbhai Parmar vs. CIT (Appeals) for AY 2017-18. Case remanded for reassessment, emphasizing natural justice.

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