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Archive: 23 June 2025

Posts in 23 June 2025

Open Terrace/Portico Excluded in Built-Up Area for Sec. 80-IB Deduction Eligibility

June 23, 2025 837 Views 0 comment Print

Assessee – real estate developer was engaged in the business of construction of residential units / bungalows which were duplexes surrounded by a compound wall. Each residential unit consisted of a portico and an open terrace.

Section 276B Prosecution Unwarranted for Minor Defaults due to Reasonable cause

June 23, 2025 1212 Views 0 comment Print

Patna High Court dismisses prosecution against Sonali Autos for delayed TDS deposit, citing reasonable cause and compliance with CBDT instructions.

Forex Gains from Trading Transactions Count as Operating Income in TP Adjustment

June 23, 2025 876 Views 0 comment Print

Assessee then filed an appeal before Tribunal. It was held that assessee had included net gain of ₹17.02 crore from foreign currency transactions and translations in its operating income, but DRP had rejected the claim.

SC Reverses Conviction, Sets Limits on Acquittal Appeal

June 23, 2025 570 Views 0 comment Print

Supreme Court acquits men in murder case, finding High Court wrongly reversed a trial court acquittal. Cites flaws in evidence and sets strict precedent on appeals.

Profit and loss accounts not qualifies as books of account under Income tax: Madras HC

June 23, 2025 11724 Views 1 comment Print

Madras HC quashes reassessment notices due to lack of new material. Court rules that profit and loss accounts don’t qualify as books of account under Income tax laws.

Fresh Application Liberty Doesn’t Allow Changing Default Date in Sec. 7 IBC Application

June 23, 2025 792 Views 0 comment Print

Merely the fact that the liberty was given to the Appellant by the court and he failed to pursue the first appeal filed against the order dated 10.04.2023 did not mean that the Appellant could change the date of default at its convenience.

Taxing Unsold Flats: Section 23(5) Inapplicable to AY 2014-15 – ITAT Pune

June 23, 2025 336 Views 0 comment Print

ITAT Pune allows Mahanagar Constructions’ appeal, ruling that notional rental income from unsold flats held as stock in trade cannot be taxed as ‘Income from House Property’ for AY 2014-15, citing judicial precedents.

Section 54F Exemption for Jointly Held & Under-Construction Property: ITAT Mumbai clarifies

June 23, 2025 1836 Views 0 comment Print

ITAT Mumbai allows Section 54F deduction for Anant R Gawande, clarifying joint ownership and property acquisition for capital gains exemption.

Section154 Rectification Order Unsustainable Without Proper Hearing Opportunity

June 23, 2025 1077 Views 0 comment Print

ITAT Chennai held that passing of rectification order under section 154 of the Income Tax Act held to be not sustainable since reasonable opportunity of being heard was not granted specifically when rectification resulted into enhancement of an assessment.

CoC’s Arbitrary Rejection of Just Settlement Offer Can Be Overruled by NCLT/NCLAT

June 23, 2025 453 Views 0 comment Print

NCLAT Dehi held that if the CoC arbitrarily rejects a just settlement offer, the Adjudicating Authority as well as the Appellate Authority can always set aside such a decision. Thus, order admitting section 7 application upheld.

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