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PCIT cannot exercise revisionary power u/s. 263 to restore issue for verification purpose: ITAT Ahmedabad

April 10, 2025 183 Views 0 comment Print

ITAT Ahmedabad held that PCIT cannot exercise revisionary power u/s. 263 to restore an issue for the purpose of verification only since restoring matter for verification means that PCIT is not sure of assessment order being erroneous causing prejudice to the revenue.

Exemption u/s. 10(23C)(vi) denied as hostel fees charged is significantly high: ITAT Ahmedabad

April 10, 2025 180 Views 0 comment Print

ITAT Ahmedabad held that exemption under section 10(23C)(vi) of the Income Tax Act is admissible to the trust has exist solely for educational purpose, thus since the hostel fees charged by the trust is significantly high the activity amounts to ‘trade, commerce and business’ hence exemption denied.

Madras HC directed to challenge assessment and rectification order before CIT(A)

April 10, 2025 171 Views 0 comment Print

Madras High Court disposed of the writ petition with direction to petitioner to challenge the impugned Assessment Order as well as Rectification Order before Commissioner of Income Tax (Appeals) [CIT(A)].

Cash Deposit During Demonetization from Liquor Sales: Addition u/s 69 Unjustified

April 10, 2025 543 Views 0 comment Print

ITAT Chennai held that cash sales of liquor is the source of cash deposit during demonetization and accordingly, since the nature and source of investment fully explained by the assessee, addition u/s. 69 of 69A not justifiable.

Presumptive taxation u/s. 44AD applicable to nursing home since not classified as profession

April 10, 2025 78 Views 0 comment Print

ITAT Mumbai held that presumptive taxation scheme under section 44AD of the Income Tax Act is duly applicable to nursing home since the assessee cannot be classified as a ‘person’ engaged in the ‘medical profession’.

Provisioning for Asset Reconstruction Cost justified as AS 29 prescriptions qualified

April 10, 2025 135 Views 0 comment Print

Delhi High Court held that the provisioning for Asset Reconstruction Cost qualified the prescriptions of AS 29 and the assessee was thus justified in accounting for the same. Thus, that question is answered in favour of assessee.

Forcible recovery during search or investigation is contrary to law: Karnataka HC

April 10, 2025 108 Views 0 comment Print

Karnataka High Court held that forcible recovery during course of search or investigation is contrary to law and hence liable to be refunded back. Thus, writ appeal dismissed as devoid of merit.

Reassessment u/s. 148 is invalid if based on borrowed satisfaction: ITAT Hyderabad

April 10, 2025 1314 Views 0 comment Print

ITAT Hyderabad held that re-assessment under section 148 merely based on borrowed satisfaction, without any independent verification and application of mind, is invalid and liable to be quashed. Accordingly, notice u/s. 148 and consequent order quashed.

Section 153C Proceedings based on specific WhatsApp chats justified: Rajasthan HC

April 10, 2025 426 Views 0 comment Print

Rajasthan High Court held that initiation of proceedings under section 153C of the Income Tax Act based on WhatsApp chats with specific inputs cannot be said to be vague or hit by the strict parameters of Section 153C of the Income Tax Act.

Section 148 Reopening unsustainable as material facts fully & truly disclosed: Madras HC

April 10, 2025 534 Views 0 comment Print

Madras High Court held that re-opening u/s. 148 read with section 147 of the Income Tax Act not sustained as there is no failure on the part of assessee to fully and truly disclosure all the material facts. Thus, notice and order quashed.

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