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Order set aside as satisfaction note was recorded without application of mind: ITAT Delhi

January 18, 2025 4509 Views 0 comment Print

ITAT Delhi held that orders passed based on illegal assumption of jurisdiction on the basis of satisfaction note which was recorded without application of mind and quite in a mechanical manner is liable to be set aside. Accordingly, addition deleted.

National commission cannot re-write terms of contract entered between bank and credit cardholder

January 18, 2025 960 Views 0 comment Print

Supreme Court held that the National Commission had no jurisdiction to re-write the terms of the contract entered between the banks and the credit cardholders, which the parties have mutually agreed to be bound by.

Addition towards non-genuine purchases deleted as all necessary documents submitted

January 18, 2025 1596 Views 0 comment Print

ITAT Mumbai held that assessee has submitted all the necessary details in terms of purchase bills, transportation bills, confirmed copy of accounts and payment are made through cheques, hence disallowance of such purchases is not justified.

GST return time limit for September month extended to 30th November: Kerala HC

January 18, 2025 1731 Views 0 comment Print

Kerala High Court held that time limit for furnishing GST return under section 39 for the month of September is to be treated as 30th November in each financial year with effect from 01.07.2017. ITC to be claimed accordingly.

Construction of new residential house to its existing residence qualifies for deduction u/s. 54F

January 18, 2025 7074 Views 0 comment Print

ITAT Chennai Held that the construction of a new residential house to its existing residence with separate stair-case, kitchen, new electrical connection, water connection, etc. qualifies for deduction u/s.54F of the Act. Accordingly, deduction u/s. 54F granted.

Operational Creditor Entitled to Extension U/S 19 of Limitation Act as Conditions Met

January 17, 2025 795 Views 0 comment Print

NCLAT Delhi held that benefit of extension of limitation under section 19 of the Limitation Act entitled to the operational creditor since last payment was made within period of three years and the same was acknowledged in writing by Corporate Debtor.

Provisions of SICA would override provisions of Income Tax Act: ITAT Ahmedabad

January 17, 2025 696 Views 0 comment Print

ITAT Ahmedabad held that provisions of Sick Industrial Companies Act [SICA] would override the provisions of Income Tax Act. Thus, set off of business loss granted on the basis of Board for Industrial and Financial Reconstruction [BIFR] order.

Rejection of application u/s. 12AB without considering replies not justified: Matter remitted

January 17, 2025 993 Views 0 comment Print

ITAT Delhi held that rejection of application for registration u/s. 12AB of the Income Tax Act by CIT(Exemptions) without considering replies and explanations furnished by the applicant is not justified. Accordingly, matter remitted back for fresh consideration.

Authorities cannot retain seized cash after expiry of period for framing assessment u/s. 153A

January 17, 2025 1167 Views 0 comment Print

Delhi High Court held that income tax authorities cannot retain seized cash once time period for framing an assessment under section 153A of the Income Tax Act has expired and there is no outstanding demand. Accordingly, petition disposed of.

Reduction in share capital results into transfer of capital asset u/s. 2(47): SC

January 17, 2025 1041 Views 0 comment Print

Supreme Court held that the reduction in share capital of the subsidiary company results into the transfer of capital asset as envisaged in section 2(47) of the Income Tax Act. Accordingly, petition of revenue dismissed.

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