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Section 271(1)(c) penalty unjustified without Income Concealment or Inaccurate Particulars

October 3, 2023 3897 Views 0 comment Print

ITAT Delhi held that imposition of penalty u/s. 271(1)(c) of the Income Tax Act unsustainable in absence of any concealment of income or furnishing inaccurate particulars of income by the assessee.

Donations to Specified Institutions for CSR Compliance Qualify for Sec. 80G Deduction

October 3, 2023 3483 Views 0 comment Print

ITAT Hyderabad held that donations given for compliance with Corporate Social Responsibility (CSR) u/s. 135 of Companies Act to institutions mentioned in Section 80G are qualified for deduction u/s. 80G of the Income Tax Act.

Unsustainable Demand Under Extended Limitation Period Without Tax Evasion Intent

October 3, 2023 2337 Views 0 comment Print

CESTAT Delhi held that mere non-disclosure of the receipts in the service tax return would not mean that there was an intent to evade payment of service tax. Hence, demand invoking extended period of limitation unsustainable.

Amendment to provisions of section 50C(1) is retrospective in nature

October 3, 2023 3690 Views 0 comment Print

ITAT Hyderabad held that amendment to provisions of section 50C(1) of the Income Tax Act is retrospective in nature and hence the value adopted or assessed or assessable by the Stamp Valuation Authority on the date of agreement has to be taken for the purpose of full value of the consideration.

Purchaser obliged to discharge encumbrances as property purchased along with known encumbrances

October 3, 2023 3618 Views 0 comment Print

Madras High Court held that once the purchaser has purchased the property even after knowing about the encumbrances then it is his obligation to discharge the encumbrances. The Bank cannot file a writ petition so as to protect the interest of the third party, who has purchased the property knowing the fact that there are other encumbrances.

NCLT approved Resolution plan in respect of BKM Industries Limited

October 3, 2023 1923 Views 0 comment Print

NCLT Kolkata held that application filed by resolution professional of BKM Industries Limited (Corporate Debtor) for approval of resolution plan stand approved.

No Deduction u/s 80I(4) of Income Tax Act to be Allowed without Agreement between Assessee and Government /Statutory body: ITAT

October 3, 2023 1299 Views 0 comment Print

DCIT Vs HES Infra Private Limited (ITAT Hyderabad) The Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) held that the agreement was not entered between the assessee and the Government / Statutory Government and there was a violation laid down by the statute and therefore, the assessee is not entitled to claim deduction The assessee […]

Revocation of customs broker license for failing to collect KYC forms unjustified

October 3, 2023 1053 Views 0 comment Print

Delhi High Court held that a penalty of revocation of license for failing to collect the KYC forms unjustly restricts the Appellant’s ability to undertake the business CHA for the entire life. Accordingly, revocation of customs broker license set aside.

Income Tax Act Section 43CA Provisions Effective Since April 1, 2014

October 3, 2023 4014 Views 0 comment Print

ITAT Mumbai held that provisions of Section 43CA of the Income Tax Act are effective only from 1st April 2014. Accordingly, the same are not applicable when part payment was received in 2010.

Order of acquittal set aside as recorded based on misreading of evidence

October 3, 2023 582 Views 0 comment Print

Calcutta High Court held that order of acquittal set aside as recorded on account of misreading of evidence. Evidence on record sufficient to hold respondent liable for committing offence u/s. 138 of N.I. Act.

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