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Granting of personal hearing mandatory prior to passing adverse order: Madras HC

October 24, 2024 1362 Views 0 comment Print

A notice in Form DRC-01 was issued by the respondent on 28.12.2023. The petitioner filed reply to the said notice on 20.02.2024. Without affording an opportunity of personal hearing to the petitioner, the assessment order came to be passed on 26.04.2024.

Rectification order without informing rectification reason is liable to be quashed: Kerala HC

October 24, 2024 819 Views 0 comment Print

Kerala High Court held that passing of rectification order without informing reason that prompted the exercise of power of rectification is unsustainable in law. Accordingly, rectification order quashed.

Proving debt become irrecoverable not required after 01.04.1989: ITAT Delhi

October 24, 2024 651 Views 0 comment Print

ITAT Delhi held that the assessee is not required to prove that a particular debt had become bad debt in order to claim deduction on account of bad debt written off pursuant to the amendment made u/s 36(1)(vii) of the Income Tax Act after 01.04.1989.

Look back period extension beyond 2 years for related party transaction u/s. 43 not allowed

October 24, 2024 1179 Views 0 comment Print

Held that the outstanding being of more than 2 years prior to CIRP commencement date, the relief under Section 43 of the Code would not be available. In the circumstances we set aside the impugned order passed by Ld. NCLT, with liberty aforesaid.

Addition merely on the basis of statement without corroborating material unsustainable: ITAT Delhi

October 24, 2024 1761 Views 0 comment Print

ITAT Delhi held that addition under section 69A r.w.s. cannot be sustained merely on the basis of the statement. There has to be some material corroborating the content of the statements. Accordingly, appeal allowed and addition deleted.

Expense incurred by holding company on behalf of subsidiary company cannot be treated as deemed dividend

October 24, 2024 2289 Views 0 comment Print

ITAT Delhi held that expense incurred by holding company on behalf of subsidiary company which is not in the nature of loan cannot be treated as deemed dividend u/s. 2(22)(e) of the Income Tax Act.

Prescribed income-tax authority for issuance of notice u/s. 143(2) includes ACIT/ DCIT: Delhi HC

October 24, 2024 1239 Views 0 comment Print

Delhi High Court held that the Assistant Commissioner of Income Tax/ Deputy Commissioner of Income Tax are prescribed income-tax authority for the purpose of issuance of notice u/s. 143(2) of the Income Tax Act.

Section 129(1)(b) of GST Act not invocable when consignor claims himself to be owner of goods

October 24, 2024 987 Views 0 comment Print

Allahabad High Court held that invocation of provisions of section 129(1)(b) of the GST Act not justified when consignor with tax invoice and e-way bill claim himself to be the owner of the goods.

Interest on delayed payment of custom duty deductible u/s. 37: ITAT Bangalore

October 24, 2024 2883 Views 0 comment Print

ITAT Bangalore held that interest due to delayed payment of custom duty is deductible u/s 37 of the Act as it is an accretion to the main payment and not a penalty and accordingly allowable as deduction.

Addition u/s. 69A unjustified as source of cash deposits duly explained: ITAT Visakhapatnam

October 24, 2024 1191 Views 0 comment Print

Held that the cash deposits are made out of the sale proceeds of the assessee and in my opinion the assessee has properly explained the source of the cash deposits along with documentary evidence.

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