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Initiation of reassessment against non-existing company not sustainable

March 10, 2025 444 Views 0 comment Print

Bombay High Court held that reassessment proceeding u/s. 148 initiated against non-existing company is not sustainable in law in as much as the department was already informed about the merger. Accordingly, notice quashed.

Penalty u/s. 271D deleted as cash payment made at one go before sub-registrar: ITAT Amritsar

March 10, 2025 11997 Views 0 comment Print

ITAT Amritsar held that there is no violation of provisions of section 269SS of the Income Tax Act when cash payment was made at one go before sub-registrar at the time of registration of sale deed. Accordingly, penalty under section 271D deleted.

Section 43A not invocable when there is only reinstatement of fluctuation loss

March 8, 2025 228 Views 0 comment Print

ITAT Delhi held that provision of section 43A of the Income Tax Act not invocable when there is only reinstatement of fluctuation loss as per accounting standards and there is no actual payment or remittance. Thus, appeal allowed.

Loose sheets found during search has evidentiary value: Addition sustained

March 7, 2025 777 Views 0 comment Print

ITAT Delhi held that loose sheets picked u/s 132, falls within definition of ‘document’ mentioned in section 132(4) and therefore, it has got evidentiary value. Thus, addition on the basis of loose sheets found during course of search is sustainable.

No valid assessment or reassessment can be made in name of deceased: ITAT Mumbai

March 7, 2025 747 Views 0 comment Print

ITAT Mumbai held that once the assessee is dead no valid assessment or reassessment can be made in the name of the deceased. Thus, notice issued u/s. 148 upon the deceased assessee who expired prior to issuance of notice is invalid.

Aadhaar-PAN linkage for Demat accounts is constitutionally valid

March 7, 2025 237 Views 0 comment Print

The Petitioner, through this Writ Petition challenges the actions of the Opposite Parties in depriving the Petitioner of access to his Invest Right app and Demat Account, linked to HDFC Bank Savings Account.

IBC would prevail over Electricity Act: NCLAT Delhi

March 7, 2025 360 Views 0 comment Print

The plain reading of the above provisions of Section 60(5)(c) clearly indicates that the NCLT is empowered to adjudicate any question of priorities or any question of law or facts arising out of or in relation to the insolvency resolution of the Corporate Debtor.

VAT not leviable on subsequent sale of liquor to customer: Andhra Pradesh HC

March 7, 2025 120 Views 0 comment Print

The petitioner, who was running the business of a Bar and Restaurant in Ananthapur Town, had registered himself as a dealer, under the A.P. Value Added Tax Act, 2005.

Profit by captive consumption of electricity eligible for deduction u/s. 80-IA: Rajasthan HC

March 7, 2025 456 Views 0 comment Print

Rajasthan High Court held that profits and gains generated by captive consumption of electricity is eligible for deduction under section 80-IA of the Income Tax Act. Accordingly, appeal of revenue dismissed.

Penalty u/s. 271(1)(c) justified since plausible explanation not provided for suppressed net profit

March 7, 2025 207 Views 0 comment Print

ITAT Raipur held that penalty under section 271(1)(c) of the Income Tax Act justifiable since no plausible explanation provided for amount of understated/ suppressed net profit. Accordingly, appeal dismissed and penalty upheld.

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