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Cost imposed for non-furnishing of requisite details post application in Form No. 10AB

May 3, 2025 522 Views 0 comment Print

ITAT Surat imposed cost of Rs. 10,000 on the applicant for non-furnishing of requisite details post application for registration filed in Form No.10AB. Accordingly, matter remanded back to the file of CIT(E).

Section 263 proceedings Valid for Cryptic Reassessment Order: ITAT Mumbai

May 3, 2025 666 Views 0 comment Print

ITAT Mumbai held that PCIT is empowered to issue a show- cause notice and pass a revision order u/s. 263 of the Act when reassessment order passed by AO was quite cryptic. Accordingly, order of PCIT upheld and appeal of assessee dismissed.

Date of allotment letter to be considered for holding period of property: ITAT Mumbai

May 2, 2025 3681 Views 0 comment Print

ITAT Mumbai held that date of allotment letter, rather than date on which purchase deed of conveyance was entered, should be considered for holding period of the property. Accordingly, appeal of assessee allowed.

Arbitration award pronounced after approval of resolution plan cannot be sustained

May 2, 2025 642 Views 0 comment Print

Supreme Court held that arbitration proceeding culminating into award post approval of resolution plan by NCLT is not tenable in law since Facilitation Council loses its jurisdiction to proceed and pronounce arbitral award in view of approved resolution plan.

100% EOU is a customs bonded unit hence permission granted to remove cashew kernels for re-processing

May 2, 2025 765 Views 0 comment Print

Kerala High Court held that 100% Export Oriented Unit i.e. EOU is itself a customs bonded unit and hence no reason exists to deny permission to the petitioner to remove the cashew kernels covered by Bill of Entry to be re-processed in its own customs bonded premises.

Application of cash received from unrecorded cash sales needs verification hence matter restored

May 2, 2025 624 Views 0 comment Print

ITAT Pune held that application of cash received from unrecorded cash sales needs verification since assessee claims that it is applied for giving advance to the farmers for purchase of raw material and also for expansion of the existing showroom.

Rectification of clerical or arithmetical error in GSTR-1 shouldn’t be denied

May 2, 2025 1713 Views 0 comment Print

The right to correct mistakes in the nature of clerical or arithmetical error is a right that flows from the right to do business and should not be denied unless there is a good justification and reason to deny benefit of correction.

Rejection of request for cross-examination cannot be ground to bypass statutory appellate remedy

May 2, 2025 1173 Views 0 comment Print

Delhi High Court held that mere rejection of the Petitioner’s request for cross-examination cannot be treated as a sufficient ground to bypass the statutorily prescribed appellate remedy and invoke the writ jurisdiction of this Court. Accordingly, writ disposed of.

Profit estimation by AO cannot be arbitrary or without any basis

May 2, 2025 1731 Views 0 comment Print

ITAT Hyderabad held that profit estimation cannot be arbitrary or without any basis. Accordingly, estimation of profit @6% on total contract receipts is reduced to 4%. Accordingly, appeal of the assessee allowed.

Reassessment order u/s. 148A(d) beyond scope of notice is not sustainable: Delhi HC

May 2, 2025 999 Views 0 comment Print

Delhi High Court held that reassessment order passed under section 148A(d) of the Income Tax Act beyond the scope of notice issued under section 148A(b) of the Income Tax Act is not sustainable and liable to be set aside.

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