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AOP taxed at normal rates instead of maximum marginal rate as section 167B not applicable

April 8, 2025 2514 Views 0 comment Print

ITAT Pune held that Association of Person (AOP) taxable at Normal Rates instead of Maximum Marginal Rate (MMR) as provisions of section 167B of the Income Tax Act are not applicable. Accordingly, appeal of assessee allowed.

Entire R&D expense in India is eligible for weighted deduction u/s. 35(2AB): ITAT Pune

April 8, 2025 795 Views 0 comment Print

ITAT Pune held that entire amount of R&D expense in India is eligible for weighted deduction u/s. 35(2AB) and R&D capital expense outside India is eligible for deduction u/s. 35(1)(iv) of the Income Tax Act.

Subsidy received after commencement of cold chain facility is revenue receipt

April 7, 2025 765 Views 0 comment Print

The assessee is a limited company engaged in the business of Unit manufacturing homogenized and pasteurized milk and manufacturing of milk products like Ghee Butter, milk powder and other milk products.

Addition under Faceless Assessment Scheme without issuance of notice not sustainable

April 7, 2025 2292 Views 0 comment Print

The entire procedure subsequent to obtaining further information, documents or evidence has not been gone through in case of the Petitioner, and straightaway, the impugned assessment has been finalized.

GST leviable on purchase of residential flat when part amount paid prior to completion certificate

April 7, 2025 1110 Views 0 comment Print

Petitioner in response had made a representation informing the respondent-BDA that, what was offered to him was a full completed apartment and there was no pre-construction agreement between the petitioner and respondent-BDA.

Adjustment of Tax Refund Against Demand Unjustified Due to Stay on Coercive Action

April 7, 2025 1140 Views 0 comment Print

Delhi High Court held that adjustment of refund against outstanding demand not justified on account of an order interdicting coercive action for recovery of dues. Accordingly, petition is allowed and refund amount is directed to be paid.

Addition merely based on dumb documents/ loose paper not tenable: ITAT Nagpur

April 7, 2025 1230 Views 0 comment Print

ITAT Nagpur held that addition made on the basis of dumb documents, loose paper containing scribbling, rough/vague noting’s in the absence of any corroborative material is not tenable in law. Thus, appeal of revenue dismissed.

Re-opening u/s. 147 quashed as not based on tangible material: Madras HC

April 7, 2025 1104 Views 0 comment Print

Madras High Court held that re-opening of assessment u/s. 147 must be based on some tangible material without such tangible material, re-opening is merely inspired from change of opinion and hence the same is liable to be quashed.

Section 56(2)(x) inapplicable to flat brought prior to 01.04.2017: ITAT Kolkata

April 7, 2025 1701 Views 0 comment Print

ITAT Kolkata held that provisions of section 56(2)(x) of the Income Tax Act were inserted by Finance Act, 2017 and effective only from 01.04.2017. Thus, provisions of section 56(2)(x) is not applicable when flat is brought prior to 01.04.2017.

Penalty for non-compliance with notice u/s. 133(6) justified: Kerala HC

April 5, 2025 1215 Views 0 comment Print

The petitioner contends that the 1st respondent lacked jurisdiction to issue notice, as the 1st respondent is not the Assessing Officer. The petitioner objected on 28.03.2016, but the 2nd respondent directed compliance by 25.07.2016, threatening the imposition of penalty.

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