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Denial of registration u/s. 12A and 80G without considering reply not tenable: ITAT Delhi

December 27, 2024 1794 Views 0 comment Print

ITAT Delhi held that cancellation of provisional registration u/s. 12A and 80G of the Income Tax Act as well as denial of final registration by CIT(E) without considering reply furnished by the assessee is violative of principles of natural justice.

Property purchased before commission of offence cannot be attached u/s. 5(1) of PML Act

December 27, 2024 1170 Views 0 comment Print

Kerala High Court held that provisional attachment of properties purchased before commission of offence under section 5(1) of Prevention of Money-Laundering Act, 2002 [PML Act] is ex-facie null and void. Accordingly, order attaching property quashed.

Financial creditor cannot sale property of personal guarantors during moratorium u/s. 96 of IBC

December 26, 2024 1923 Views 0 comment Print

NCLT Mumbai held that sale of property of personal guarantors by financial creditor under SARFAESI Act during protection of moratorium under section 96 of the IBC is invalid sale as protection of moratorium under section 96 is far greater than of section 14.

Matter of addition based on low net profit remanded to re-examine books of account

December 26, 2024 411 Views 0 comment Print

During the course of survey proceedings, the statement of one of the partners of the firm Mr. Zinu, was recorded, who had stated that he earns commission @ 5.5% from M/s Shapoorji Pallonji for supply of manpower.

Section 10A of IBC inapplicable when date of default predates moratorium period

December 26, 2024 978 Views 0 comment Print

This appeal arises from an order dated 09.01.2024 by the National Company Law Tribunal (NCLT), Mumbai Bench-I. The Appellant, Mr. Puneet P. Bhatia, a suspended director of Barracks Retail India Pvt. Ltd.

Order passed u/s. 263 without discussing or rebutting arguments of assessee not sustainable: ITAT Ahmedabad

December 26, 2024 615 Views 0 comment Print

PCIT was of the view that the export incentives and other income claimed by the assessee were not eligible for the exemption u/s. 10AA. PCIT was of the view that the assessee had claimed excess exemption under Section 10AA by a sum of Rs. 7,08,83,828.

Interest u/s. 234A leviable till date of payment of tax liability and not till date of filing of ITR

December 26, 2024 1902 Views 0 comment Print

ITAT Delhi held that interest under section 234A of the Income Tax Act is leviable from the first date immediately following the due date till the date of full discharge of entire tax liability. Interest u/s. 234A has no relevance of date of filing of ITR.

Non-granting of registration u/s. 12AB as objective has element of commerciality not justified

December 26, 2024 378 Views 0 comment Print

The assessee-company incorporated u/s 8 of the Companies Act, 2013 claiming to be for charitable purpose, applied to CPC for grant of provisional registration u/s 12AB and provisional approval u/s 80G, which were granted by CPC.

Disallowance due to delayed payment of employees’ contribution to PF and ESIC justified

December 26, 2024 1368 Views 0 comment Print

After the receipt of intimation, the assessee found mistake in the Tax Audit Report in which the Tax Auditor has mistakenly filled the due date of payment in column of actual date of payment and vice-versa.

Interest from co-operative bank eligible for deduction u/s. 80P: ITAT Nagpur

December 26, 2024 807 Views 0 comment Print

ITAT Nagpur held that interest income earned by co-operative society from its investments made with other co-operative bank is eligible for deduction under section 80P(2)(a)(i) of the Income Tax Act. Accordingly, appeal of the assessee allowed.

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