ITAT Mumbai held that deduction claimed by the assessee under section 80G of the Income Tax Act cannot be denied merely on the ground that the payment also formed part of CSR expenditure under the Companies Act.
ITAT Chennai held once the AO has conducted inquiry, examined replies and adopted a legally sustainable view, the same cannot be treated as erroneous. Accordingly, invocation of revisionary jurisdiction under section 263 of the Income Tax Act is not sustainable in law.
The issue was whether non-response caused by a Chartered Accountant justifies setting aside ex-parte orders. The Court held that taxpayer responsibility cannot be shifted, and statutory orders remain valid.
The issue was whether bail can be granted despite serious fake ITC allegations. The Court ruled that prolonged custody and delayed trial justify bail, prioritizing personal liberty.
The Court examined whether GST registration can remain cancelled despite full payment of dues. It held that authorities must revoke cancellation once statutory conditions are satisfied, ensuring fairness and continuity of business.
The Court ruled that recovery under Section 75(12) cannot be used where wrongful ITC utilisation is alleged. It held that such cases require adjudication under Sections 73 or 74 before recovery action.
The Court held that insolvency proceedings cannot be invoked after completion of SARFAESI auction to stall recovery. It clarified that Section 96 moratorium cannot undo concluded transactions.
The Court held that failure to address objections regarding sample mismatch vitiates the order. It directed fresh adjudication with proper reasoning.
The Tribunal held that cash payments for land purchase cannot be disallowed under Section 40A(3) if not claimed as expenditure. Since the amount was capital in nature, the addition was deleted. The ruling clarifies the scope of disallowance provisions.
The Tribunal held that filing return after due date does not disqualify deduction under section 80P for AYs prior to 2018. It ruled that denial on this ground was incorrect and required rectification.
