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Passing of final assessment order without prior approval u/s. 153D untenable

February 10, 2025 879 Views 0 comment Print

ITAT Raipur held that AO has passed the final assessment order u/s.143(3) r.w.s. 153B(b) of the Act without seeking a prior approval of the same by the Jt. CIT u/s. 153D of the Income Tax Act and hence the order so passed is liable to be quashed.

CoC decision to liquidate accepted as Corporate Debtor has no assets: NCLAT Delhi

February 8, 2025 723 Views 0 comment Print

NCLAT Delhi held that CoC decision to liquidate the Corporate Debtor is acceptable as corporate debtor has no assets and thus CIRP Period only implies zero returns. Thus, adjudicating authority order accepting liquidation upheld.

Depreciation u/s. 32 is entitled only if asset is owned by assessee: ITAT Hyderabad

February 8, 2025 681 Views 0 comment Print

The assessee is into development and construction of a project. The case was selected for scrutiny and AO issued notices u/s 142(1) and 143(2) of the Act, calling for certain details.

No disallowance u/s. 40(a)(ia) as reimbursement of expense considered as receipts and tax paid thereof

February 8, 2025 726 Views 0 comment Print

ITAT Mumbai held that disallowance under section 40(a)(ia) of the Income Tax Act unjustified when reimbursement of expenses is considered as receipts in total income and tax is paid on the same therefore no disallowance in terms of proviso to section 201.

Provision of section 50C doesn’t apply on transfer of development rights in land

February 8, 2025 831 Views 0 comment Print

ITAT Ahmedabad held that the development rights in the land were not the land itself and, therefore, the provision of section 50C of the Income Tax Act was not applicable on transfer of development rights in the land.

Liquidation proceeds to be distributed in proportion to admitted claim of secured creditors

February 8, 2025 996 Views 0 comment Print

NCLAT Delhi held that distribution of liquidation proceeds has to be in proportion to the admitted claim of secured creditors as per section 53(1) of the Insolvency and Bankruptcy Code and the same cannot be on the basis of security interest of different secured creditors.

Revision u/s. 263 for invoking penalty provisions u/s. 270A(9)(e) without intimation u/s. 143(1)(a) untenable

February 8, 2025 621 Views 0 comment Print

ITAT Chennai held that revisionary proceedings under section 263 of the Income Tax Act for invoking penalty provisions u/s. 270A(9)(e) without issue of intimation under section 143(1)(a) of the Income Tax Act is unjustifiable and untenable in law.

Confiscation notice u/s. 130 of TNGST Act justified as officials duly formed opinion of tax evasion

February 8, 2025 444 Views 0 comment Print

Madras High Court held that issuance of confiscation notice under section 130 of the TNGST Act justifiable since officials had formed clear cut prima facie opinion that gold jewellery were transported for purpose of sale with intention to evade payment of tax.

GST registration and payment of tax after inspection not voluntary conduct by assessee

February 8, 2025 744 Views 0 comment Print

There has been contraventions of provisions of the GST Act for which the petitioner is liable to make good the non-payment and also suffer penal consequences for the same.

Opportunity granted as assessee failed to represent in rejection of registration u/s. 12AB

February 8, 2025 951 Views 0 comment Print

ITAT Bangalore held that matter of rejection of registration under section 12AB of the Income Tax Act is liable to be restored back to CIT(Exemptions) for granting one more opportunity as assessee failed to represent its case properly before the authorities.

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