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Second Wife Not Entitled to Death Benefit Without Government Approval

November 2, 2023 1599 Views 0 comment Print

As per Revised Pension Rules, 1980, family pension is not admissible to the second wife as marrying another wife, (when one wife is living) without obtaining the approval of Government is contrary to Rule 25 of A.P. Civil Services (Conduct) Rules, 1964. In absence of Government approval, death benefit not entitled to second wife.

Issuing Final Assessment Order Without Section 144C Compliance Unlawful

November 2, 2023 2670 Views 0 comment Print

ITAT Delhi held that passing of final assessment order without complying with the terms of section 144C of the Income Tax Act, 1961 is untenable in law.

Writ Dismissed as Provisional Attachment Lifted under Section 24(4)(b)(i) of Benami Property Act

November 2, 2023 543 Views 0 comment Print

Kerala High Court dismissed the writ petition as provisional attachment made u/s 24(4)(b)(i) of the Prohibition of Benami Property Transactions Act, 1988 in respect of the properties of the petitioner was lifted.

Section 154 Notice can be challenged under Article 226 of Constitution of India

November 2, 2023 2559 Views 0 comment Print

Gujarat High Court held that Challenge to notice issued under section 154 of the Income Tax Act is maintainable under Article 226 of the Constitution of India.

Unjustified Addition under Section 68: Creditworthiness Established

November 2, 2023 3471 Views 0 comment Print

ITAT Surat held that addition under section 68 of the Income Tax Act towards unexplained cash credit unjustified as creditworthiness of the loan giver established and transaction undertaken through banking channel.

Shares/securities/PMS/Mutual fund held as investment taxable under capital gains

November 2, 2023 1374 Views 0 comment Print

ITAT Delhi held that income from sale of shares/securities/PMS/Mutual Funds, etc. which were held as investment and not as stock-in-trade is taxable under the head capital gains and not under the head business income.

Revisional jurisdiction u/s 263 not invocable as order neither erroneous nor prejudicial to interest of revenue

November 2, 2023 495 Views 0 comment Print

ITAT Surat held that invocation of revisional jurisdiction under section 263 of the Income Tax Act unsustainable as order passed by AO was neither erroneous nor prejudicial to the interest of the revenue.

Delay in filing of an appeal with a plea of waiting for outcome of judicial decision not condoned

November 2, 2023 1665 Views 1 comment Print

ITAT Chennai held that delay of 6 to 9 years in filing of an appeal against levy of late fees u/s 234 with a plea that they were waiting for outcome of judicial decisions not condoned.

CENVAT Credit in respect of effluent treatment activity allowable

November 2, 2023 618 Views 0 comment Print

CESTAT Ahmedabad held that effluent treatment activity is essential in relation to the manufacture of final product and accordingly, CENVAT Credit in respect thereon cannot be denied.

CENVAT Credit on ISD invoice issued without obtaining ISD registration available

November 2, 2023 1086 Views 0 comment Print

CESTAT Ahmedabad held that CENVAT Credit on ISD invoice issued without obtaining ISD registration is allowable as payment of service tax on services received not disputed.

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