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Fresh return filing not required if already filed return is to be treated for reassessment

March 10, 2023 2514 Views 0 comment Print

ITAT Delhi held that if already filed return is to be treated for the purpose of re-assessment, then, filing of fresh return on receipt of notice under section 148 of the Income Tax Act is not required.

Addition u/s 68 sustained as no fresh affidavits produced proving borrowing of unsecured loans

March 10, 2023 627 Views 0 comment Print

Unideep Food Vs T.K. Satapathy (Orissa high court) Orissa High Court held that assessee failed to produce any fresh affidavits proving that it had borrowed unsecured loans from lender farmers as directed by ITAT while remanding the matter. Accordingly, addition under section 68 sustained. Facts- This appeal by the Assessee is directed against an order […]

ITAT directed JET to pay cost for failure to comply with various notices issued by lower authorities

March 10, 2023 600 Views 0 comment Print

ITAT Mumbai held that assessee going through resolution process has failed to comply with various notices issued by lower authorities. Accordingly, it is directed to give one last opportunity to present their case before AO. Assessee is also directed to pay the cost for being delinquent before lower authorities.

Interest u/s 28 of Land Acquisition Act from date of possession of land till date of judgement is not taxable

March 10, 2023 4425 Views 0 comment Print

ITAT Pune held that interest granted by the reference Court u/s. 28 of the Land Acquisition Act from the date of possession of land till the date of judgment of High Court is an accretion of the value of the land acquired and accordingly not taxable.

Submitted additional evidence are critical for determining the issue- ITAT remanded matter back to CIT(A)

March 10, 2023 1170 Views 0 comment Print

ITAT Chandigarh held that as additional evidence submitted are essential and critical for determination of issue under consideration, matter remanded back to ld. CIT(A).

Granting personal hearing not required u/s. 84 of TNVAT Act in case of no enhancement of assessment/penalty

March 10, 2023 1200 Views 0 comment Print

Madras High Court held that as per provisions of section 84 of the Tamil Nadu Value Added Tax Act, 2006, when there is no enhancement of assessment or penalty, there is no necessity for the respondent to adhere to the principles of natural justice.

Penalty u/s 271D leviable on failure to furnish reasonable cause for taking cash loan

March 10, 2023 678 Views 0 comment Print

ITAT Delhi held that in absence of any reasonable cause for taking cash loan (i.e. contravening provisions of section 269SS of the Income Tax Act), penalty under section 271D of the Income Tax Act duly leviable.

Refund payable to deductee cannot be set-off against TDS not deposited by deductor

March 10, 2023 1734 Views 0 comment Print

Sanjay Sudan Vs ACIT (Delhi High Court) Delhi High Court held that deductee/ assessee cannot be called upon to pay tax, which is already deducted from his income as TDS. TDS not deposited by deductor cannot be set-off against refund amount payable to deductee. Facts- The petitioner was an employee of Kingfisher. The employer had […]

National Highway Authorities directed to revise GST rate on works contract to 18%

March 10, 2023 2091 Views 0 comment Print

KCP Infra Limited Vs Principal Secretary (Madras High Court) Madras High Court held that on account of revision of GST rate on works contract to 18% instead of earlier 12%, the court directed the National Highway Authorities to revise GST rates on bills raised by the petitioner (works contractor). Facts- The petitioner is a Works […]

Section 54B of Income Tax Act being an exemption provision needs to be interpreted strictly

March 10, 2023 1440 Views 0 comment Print

ITAT Pune held that provisions of section 54B of the Income Tax Act being an exemption provision needs to be interpreted strictly. Accordingly, as land revenue record clinches that agricultural activity is not carried out on the impugned land, deduction u/s 54B not available.

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