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Penalty u/s 271E Set Aside for Reasonable Cause in Non-Compliance of Section 269T

June 2, 2025 789 Views 0 comment Print

Chhattisgarh High Court held that reasonable cause has been shown for non-compliance with the provisions contained in Section 269T of the Act and further it is not disputed that the transaction is genuine and bona fide.

Rejection of final approval u/s. 80G(5) for incorrect mentioning of clause not justifiable

June 2, 2025 864 Views 0 comment Print

The present appeal has been filed by the assessee against order passed by the Commissioner of Income Tax (Exemption), Ahmedabad, dated 20.08.2024, denying grant of approval u/s. 80G(5) of the Income Tax Act, 1961.

Unexplained credits routed through conduit to be taxed in hands of ultimate beneficiary

June 2, 2025 792 Views 0 comment Print

Delhi High Court held that addition towards unexplained credits against companies used as a conduit for routing accommodation entries is not justified since they are not ultimate beneficiaries. Accordingly, appeal of revenue dismissed.

Reassessment quashed in absence of tangible material proving PE in India

June 2, 2025 531 Views 0 comment Print

Delhi High Court held that reassessment under section 148 of the Income Tax Act cannot be sustained since there is no tangible material for forming a belief that petitioners had a dependent Permanent Establishment or Fixed Place PE in India

Capital gain addition merely based on unregistered agreement not sustainable

June 2, 2025 1803 Views 0 comment Print

ITAT Pune held that addition towards short term capital gain based on unregistered agreement cannot be sustained since revenue has not brought any evidence on record that possession of property is actually handed over to the purchaser.

Notice issue against deceased person instead of registered legal heir not sustainable

June 2, 2025 1023 Views 0 comment Print

Gujarat High Court held that issuance of notice u/s. 148A(b) of the Income Tax Act in the name of deceased person is not sustainable since petitioner already registered legal heir. Thus, notice and order thereof quashed and set aside.

Date of Intimation u/s. 143(1) Determines Limitation Period: Reassessment vs. Revision Issues

June 2, 2025 3612 Views 0 comment Print

Post completion of assessment, information was received from DDIT(Inv.) Unit-5(2), Mumbai that the share of Gemstone Investment Ltd. was a penny stock and assessee was a beneficiary from trading of the above shares.

Reassessment u/s. 148 quashed as all necessary information already supplied: Gujarat HC

May 31, 2025 5076 Views 0 comment Print

Gujarat High Court held that reassessment under section 148 of the Income Tax Act is liable to be quashed in as much as all the necessary information were supplied by the assessee and there was no failure to disclose any material fact. Accordingly, reopening quashed.

Application for avoidance of preferential transaction be filed by resolution professional only

May 31, 2025 681 Views 0 comment Print

NCLAT Delhi held that statutory provisions of section 43 of the Insolvency and Bankruptcy Code [IBC] empowers resolution professional to file application for avoidance of preferential transactions. Hence, application filed by homebuyers rightly not entertained.

Reopening of assessment quashed as based on change of opinion: Bombay HC

May 31, 2025 1677 Views 0 comment Print

Bombay High Court held that since issue already examined during the course of assessment proceedings, re-opening of assessment on same issue amounts to change of opinion. Thus, re-opening based on change of opinion is not sustainable.

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