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Availability of wrongfully utilized credit in credit ledger not necessary for blocking credit under rule 86A of CGST Rules

January 30, 2025 1077 Views 0 comment Print

Andhra Pradesh High Court held that rule 86A of the Central Goods and Services Tax Rules permits blocking of credit which has been wrongfully utilized, whether it is actually available in the credit ledger or not. Thus, writ petition dismissed.

Addition u/s. 68 deleted as identity, genuineness and creditworthiness of lenders established

January 30, 2025 1050 Views 0 comment Print

ITAT Ahmedabad held that additions under section 68 of the Income Tax Act is not sustainable since assessee established identity, genuineness and creditworthiness of the lenders. Accordingly, addition u/s. 68 deleted.

Deduction towards leave encashment fund admissible only when it is actually paid

January 30, 2025 1791 Views 0 comment Print

Himachal High Court held that as per section 43-B of the Income Tax Act deduction towards contribution to leave encashment fund is available only when the same is actually paid. Accordingly, appeal of the assessee dismissed.

Addition u/s. 68 deleted since denial of exemption u/s. 10(38) not justified: ITAT Delhi

January 30, 2025 435 Views 0 comment Print

ITAT Delhi held that there is no case for making any addition u/s 68 of the Act in the hands of the assessee by denying the exemption under section 10(38) of the Act for the LTCG on sale of shares of Unno Industries Limited. Accordingly, appeal allowed.

Registration u/s. 12AB to trust having objects confined to particular community rightly denied

January 30, 2025 891 Views 0 comment Print

ITAT Ahmedabad held that the Assessee Trust being purely a religious activities of particular Community is not entitled for registration as a specified violation under Explanation [d] of Section 12AB(4) of the Income Tax Act.

Unexplained cash deposit matter restored hence corresponding penalty u/s. 271(1)(c) matter too restored

January 30, 2025 801 Views 0 comment Print

ITAT Agra held that matter of levying penalty u/s. 271(1)(c) of the Income Tax Act restored back to file of AO since Tribunal restored matter of addition towards unexplained cash deposit for quantification.

Matter of profiteering in real estate remanded back to CCI by Gujarat HC

January 29, 2025 396 Views 0 comment Print

Held that these two petitions are also remanded back to the Competition Commission of India for determination/ decision in accordance with the decision of the Hon’ble Delhi High Court rendered on 29.01.2024 in the aforesaid case.

Finance Act 2007 Amendments to Section 17(2) are constitutionally valid

January 29, 2025 498 Views 0 comment Print

Bombay High Court held that Explanation 1 and 4 below section 17(2) of the Income Tax Act by the Finance Act, 2007 cannot be declared ultra-vires, irrational or unconstitutional. Said amendments are constitutionally valid.

Assessments restored back to CIT(A) due to non-cooperation by assessee: ITAT Ahmedabad

January 29, 2025 519 Views 0 comment Print

ITAT Ahmedabad held that entire assessments has been restored to the file of CIT(A) for de novo consideration since assessee was found to be absolutely non-cooperative and took every step to thwart/stonewall the assessment proceedings.

Chief Controlling Revenue Authority cannot review its own decision: Supreme Court

January 29, 2025 858 Views 0 comment Print

Supreme Court held that Chief Controlling Revenue Authority lacked any express statutory power to review or recall its own decision. Thus, once refund is granted by CCRA it cannot review the same and reject refund application.

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