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Assessment order quashed as mere technical approval granted u/s. 153D: ITAT Delhi

April 9, 2025 369 Views 0 comment Print

ITAT Delhi held that the approval granted u/s. 153D in the nature of a ‘technical approval’ in symbolic exercise of powers under s. 153D. Hence, the consequential assessment orders based on such repugnant approval under s. 153D is bad in law in tune with earlier years.

Section 151A: JAO Lacks Jurisdiction to Issue Section 148 Income Tax Notices

April 9, 2025 3321 Views 0 comment Print

Rajasthan High Court held that, in terms of section 151A of the Income Tax Act, Jurisdictional Assessing Officer [JAO] doesn’t have jurisdiction to issue notices under section 148 of the Income Tax Act. Accordingly, notices u/s. 148 are liable to be quashed.

Employees’ contribution to PF/ESI after statutory due dates not deductible: ITAT Ahmedabad

April 9, 2025 57 Views 0 comment Print

ITAT Ahmedabad held that employees’ contribution to PF/ESI after statutory due dates but before due date of filing income tax returns not allowable as deduction. Accordingly, appeal of the assessee dismissed.

No Forfeiture of Security Deposit for declaration Non-Filing as per Circular 16/2009-Customs

April 9, 2025 174 Views 0 comment Print

CESTAT Mumbai held that failure to file declaration detailing particulars of supplier of goods as prescribed in circular no. 16/2009-Customs dated 25th May 2009 is technical irregularity.

Addition based on dumb seized document not sustainable: ITAT Delhi

April 9, 2025 3483 Views 0 comment Print

ITAT Delhi held that seized document merely indicates some rates than pinpointing any specific on-money payment or receipt; as the case may be, involving the assessee. Thus, addition is liable to be deleted.

Exemption u/s. 11 and 12 allowed as application of funds was deployed not to earn income

April 8, 2025 180 Views 0 comment Print

Delhi High Court held that application of funds by Indian Broadcasting Foundation in BARC doesn’t qualify as deployment was not intended to yield income/profit hence denial of exemption u/s. 11 and 12 of the Income Tax Act not justified.

Adhoc addition post rejection of books of accounts unwarranted: ITAT Delhi

April 8, 2025 405 Views 0 comment Print

ITAT Delhi held that once the books of accounts are rejected, it doesn’t warrant any adhoc addition. Thus, CIT(A) rightly restricted GP @ 1% instead of 1.5% as estimated by AO. Appeal dismissed, accordingly.

CESTAT Delhi upheld duty demand on student almanac and teacher planner for normal period

April 8, 2025 66 Views 0 comment Print

CESTAT Delhi held that duty demand on Student Almanac and teacher planner is uphold, however, extended period of limitation is not invocable since there was no evidence of intention to evade payment of duty and suppression of facts.

Pre-Decisional Hearing Mandatory Before Blocking E-Credit Ledger Under GST Rule 86A: HC

April 8, 2025 144 Views 0 comment Print

Karnataka High Court held that blocking of Electronic Credit Ledger by invoking Rule 86A of the Central Goods and Services Tax Rules, 2017 [CGST Rules] without granting pre-decisional hearing and without stating cogent reason in order is impermissible in law.

ITC Claims Can Be Rectified U/S 39 of VAT Act Despite Impact on State Exchequer: HC

April 8, 2025 177 Views 0 comment Print

Karnataka High Court held that during re-assessment proceedings, claim for Input Tax Credit can be rectified under section 39 of the Karnataka Value Added Tax Act, 2003, even when the same is disadvantageous to the State Exchequer.

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