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Addition of Share Application Money deleted as Identity & Genuineness of Shareholders proved: ITAT Delhi

August 26, 2024 783 Views 0 comment Print

ITAT Delhi held that addition u/s. 68 of the Income Tax Act towards share application money, as unexplained credit, deleted as identity, genuineness and creditworthiness of the shareholders proved.

Granting response time of less than seven days results into breach of principles of natural justice: Bombay HC

August 23, 2024 3231 Views 0 comment Print

This petition under Article 226 of the Constitution of India assails the Assessment Order dated 27 March, 2024 passed by Respondent No.2 under the provisions of Section 144 read with Section 144B of the Income Tax Act, 1961.

Investment by firm allowable as deduction u/s. 54G to partner as per his partnership share: ITAT Rajkot

August 23, 2024 990 Views 0 comment Print

ITAT Rajkot held that each partner is owner of the assets to the extent of his share in the partnership, hence, exemption u/s 54G of the Act, should not be denied to the assessee under consideration.

Penalty on employee of CHA not imposable for wrong availment of drawback by exporter: CESTAT Ahmedabad

August 23, 2024 720 Views 0 comment Print

CESTAT Ahmedabad held that penalty on the employee of CHA (Customs House Agent) cannot be imposed on the charge of wrong availment of drawback by the exporter as proven that he has not been benefited by attempt to claim excess drawback by exporter.

Co-operative credit society providing credit facilities only to its members not hit by section 80P(4): ITAT Mumbai

August 23, 2024 567 Views 0 comment Print

The assessee is a co–operative credit society, registered under Maharashtra co–operative society Act, 1960 and is engaged in providing credit facilities to those CIDCO employees who are members of credit society.

Notice initiating fresh assessment set aside as issued beyond prescribed time limit: Delhi HC

August 23, 2024 1827 Views 0 comment Print

Delhi High Court held that department need to comply with the order of the Tribunal in passing a fresh assessment order within the time limit prescribed under section 153(3) of the Income Tax Act. Thus, notices initiating fresh assessment set aside.

Revision proceedings u/s. 263 cannot be invoked without giving reasons for setting aside assessment order

August 23, 2024 465 Views 0 comment Print

ITAT Chennai held that invoking the revisionary powers under section 263 of the Income Tax Act without giving any reasoning for setting aside the assessment order and merely directing AO verification without any basis is unjustifiable.

Deduction u/s. 80IA(4)(i) allowed to sole developer for developing, operating & maintaining infrastructure facilities

August 23, 2024 552 Views 0 comment Print

ITAT Ahmedabad held that the assessee has established that they were the sole developer in the contracts which are related to the developing, operating and maintaining the infrastructure facilities as envisaged u/s. 80IA(4)(i) of the Income Tax Act.

Penalty u/s. 271(1)(c) not leviable for voluntary surrender of income in good faith: ITAT Hyderabad

August 22, 2024 1233 Views 0 comment Print

ITAT Hyderabad held that voluntary surrender of income in good faith cannot be considered as concealment of income. Hence, penalty u/s. 271(1)(c) of the Income Tax Act cannot be sustained.

DDT cannot be demanded from recipient of interest income: Delhi HC

August 22, 2024 588 Views 0 comment Print

Delhi High Court held that Dividend Distribution Tax (DDT) is liable to be paid by the company which declares, distributes or pays the same. Petitioner, herein, has received interest income from Non-convertible debentures and accordingly cannot be subject to DDT.

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