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Archive: 30 January 2025

Posts in 30 January 2025

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

January 30, 2025 729 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 1143 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 945 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 1896 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 2001 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 543 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 468 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 1788 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 1194 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.

Registration u/s. 12AB to trust having objects confined to particular community rightly denied

January 30, 2025 993 Views 0 comment Print

ITAT Ahmedabad held that the Assessee Trust being purely a religious activities of particular Community is not entitled for registration as a specified violation under Explanation [d] of Section 12AB(4) of the Income Tax Act.

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