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Reopening u/s. 147 based on invalid reasons recorded by AO cannot be sustained: ITAT Hyderabad

May 7, 2025 1014 Views 0 comment Print

ITAT Hyderabad held that reopening of assessment under section 147 of the Income Tax Act on the basis of invalid reasons recorded by AO cannot be sustained in law. Accordingly, notice issued u/s. 148 and final assessment order is quashed.

Addition u/s. 153A cannot be sustained without incriminating material found during search

May 7, 2025 1053 Views 0 comment Print

ITAT Delhi held that addition made under section 153A of the Income Tax Act are bad-in-law in absence of any incriminating material found during the course of search. Accordingly, assessment order quashed.

Concessional rate of 2% entitled even if dealer unable to obtain Form-C declaration

May 6, 2025 915 Views 0 comment Print

Calcutta High Court held that petitioner is entitled to concessional rate of tax at the rate of 2% on inter-State sale even if petitioner was unable to obtain Form-C declaration. Thus, writ disposed of accordingly.

Income escaped assessment for different years cannot be clubbed for satisfying threshold limit u/s. 149(1)(b)

May 6, 2025 1290 Views 0 comment Print

Delhi High Court held that income alleged to have escaped assessment for different previous years cannot be clubbed together for satisfying condition prescribed u/s. 149(1)(b) of the Income Tax Act (i.e. threshold amount of ₹50 lakhs).

TDS from salary of schedule tribe member liable to be refunded in view of exemption u/s. 10(26)

May 6, 2025 1398 Views 0 comment Print

Guwahati High Court held that benefit of section 10(26) of the Income Tax Act admissible to member of recognized schedule tribe community and hence income tax deducted from the salary is liable to be refunded. Thus, writ of revenue held as devoid of merits.

Complete attachment of bank accounts during pendency of adjudication in GST evasion not justified

May 6, 2025 546 Views 0 comment Print

Delhi High Court held that issue relating to GST evasion has to be adjudicated in accordance with law and until pending adjudication petitioner’s business cannot be prejudiced by complete attachment of bank accounts.

Second round of litigation on same custom-related issue not allowed: Delhi HC

May 6, 2025 627 Views 0 comment Print

Delhi High Court dismisses Wide Impex’s petition challenging orders related to pre-deposit for customs appeal. Court cites prior dismissal of similar challenge.

Pharmacy being integral part of dominant object of hospital is eligible for exemption u/s. 11

May 6, 2025 1497 Views 0 comment Print

ITAT Mumbai held that income from pharmacy and chemist division cannot be treated as business income from separate and independent activity. Thus, since pharmacy is an integral part of dominant purpose of hospital benefit u/s. 11(1) duly admissible.

Assuming jurisdiction u/s. 153C beyond block of ten years not tenable-in-law: Delhi HC

May 6, 2025 747 Views 0 comment Print

Delhi High Court held that since AY 2012-13 falls beyond the block of ten years that are required to be reckoned from the end of the AY 2022-23 assuming jurisdiction u/s. 153C in respect of AY 2012-13 is invalid. Accordingly, appeal of revenue dismissed.

Revision order u/s. 263 passed in name of non-existent entity cannot be sustained: ITAT Ahmedabad

May 6, 2025 414 Views 0 comment Print

ITAT Ahmedabad held that revisionary order passed under section 263 of the Income Tax Act in the name of non-existent entity (amalgamated company) is liable to be quashed. Accordingly, the appeal of the assessee is allowed.

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