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Addition towards unexplained cash credit u/s. 68 unwarranted as already declared and taxed as sales: ITAT Ahmedabad

August 22, 2024 1638 Views 0 comment Print

ITAT Ahmedabad held that addition towards unexplained cash credit under section 68 of the Income Tax Act unwarranted as the amount represents sales already declared and taxed. Thus, income already offered for taxation cannot be taxed again as unexplained cash credit.

General order of approval by PCIT for action u/s. 147/148 invalid: Delhi HC

August 22, 2024 1299 Views 0 comment Print

Delhi High Court held that mechanical approval granted by PCIT, vide general order of approval for all the 111 cases without satisfactorily record, for action under section 147/148 of the Income Tax Act is not valid.

Writ merely insisting deferring of GST recovery proceedings not maintainable: Calcutta HC

August 22, 2024 495 Views 0 comment Print

Calcutta High Court held that writ petition insisting deferring the GST recovery proceedings without challenging the appellate order is not maintainable. Accordingly, writ dismissed.

Retrospective reduction of pay scale of government employee and recovery thereof illegal: Supreme Court

August 22, 2024 1884 Views 0 comment Print

Held that any step of reduction in the pay scale and recovery from a Government employee would tantamount to a punitive action because the same has drastic civil as well as evil consequences.

Amount received for not carrying out any activity relating to business taxable as business income: Kerala HC

August 22, 2024 1158 Views 0 comment Print

In lieu of the appellant discontinuing the commodity brokerage business, BNP Paribas offered compensation of Rs.40 crores. Pursuant thereto, in a meeting held on 23.05.2008, resolution was passed by the Board of Directors of the appellant accepting the said offer.

Penalty for minor discrepancy in address between Tax invoice and e-way bill not justifiable: Madras HC

August 22, 2024 2928 Views 0 comment Print

Madras High Court held that the imposition of penalty for the minor discrepancy in the variance in the address in the Tax Invoices and the E-Way Bill would not justify the penalty under Section 129(5) of CGST Act.

Addition of value of shares granted under Employees Stock Purchase Scheme as perquisite not sustained

August 22, 2024 708 Views 0 comment Print

Delhi High Court held that addition of value of shares granted under the Employees Stock Purchase Scheme as perquisite in terms of section 17(2)(iiia) of the Income Tax Act unsustainable in law.

Notice u/s. 148 cannot be issued after expiry of four/six years: Delhi HC

August 22, 2024 2832 Views 0 comment Print

Delhi High Court held that that no notice under section 148 of the Income Tax Act shall be issued if four years “but not more than six years” have elapsed from the end of the relevant assessment year.

Activity of laying down pipelines for Government for supply of water not leviable to service tax: CESTAT Kolkata

August 21, 2024 636 Views 0 comment Print

CESTAT Kolkata held that activity of laying down the pipelines for Government/ Government Undertaking for supply of water from Kerala Water Authority (KWA) in Thiruvananthapuram city doesn’t attract service tax. Accordingly, refund claim allowed.

Deputy Commissioner of Income Tax held guilty u/s. 12 of Contempt of Courts Act, 1971

August 20, 2024 4683 Views 0 comment Print

Allahabad High Court held Deputy Commissioner of Income Tax guilty under section 12 of the Contempt of Courts Act, 1971 and imposed fine of Rs. 25,000 along with simple imprisonment for a period of one week.

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