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ITAT Orders Re-Verification of Religious Expense Under 5% Threshold in Section 80G(5)

April 29, 2025 852 Views 0 comment Print

ITAT Ahmedabad restored matter of registration under section 80G(5)(iii) of the Income Tax Act to the file of CIT(E) for verification that expenditure on religious activities was within the threshold limit of 5% as specified under section 80G(5) of the Act.

Penalty duly imposed since misuse of IEC code by third party fully known

April 29, 2025 969 Views 0 comment Print

Delhi High Court held that imposition of penalty justified since appellant holding IEC registration ought to have acted responsibly and ensured that the same was not misused by any third party. Thus, penalty imposed on the appellant justified since appellant was aware of IEC being misused.

Amalgamated company not having Government approval entitled to adjust WDV of assets of amalgamating company

April 28, 2025 780 Views 0 comment Print

Bombay High Court held that amalgamated company not having obtained approval of Central Government is entitled to adjust the Written Down Value [WDV] of the assets of amalgamating companies and claim depreciation on such adjusted written down value.

Trust making reasonable payment for services rendered to specified person u/s. 13(3) justifiable

April 28, 2025 1125 Views 0 comment Print

Delhi High Court held that reasonable payment for services rendered to persons specified u/s. 13(3) of the Income Tax Act by the trust is justifiable and such payment wouldn’t fall within the exception of section 13(1)(c) of the Income Tax Act.

Revision u/s. 263 not sustained as plausible view taken by AO: ITAT Ahmedabad

April 28, 2025 1059 Views 0 comment Print

ITAT Ahmedabad held that revisionary proceedings under section 263 of the Income Tax Act is not sustainable in law since Assessing Officer examined the aspect of disallowance of bogus losses on sale of steel scrap and took plausible view.

Writ challenging penalty proceedings disposed as assessment proceedings u/s. 25(1) of KVAT remanded

April 28, 2025 501 Views 0 comment Print

The said order was challenged before the appellate authority. By order dated 25.11.2024, the appeal was allowed and was remanded back for fresh consideration on noticing that the order impugned therein was passed ex-parte.

CIC to Reconsider RTI Application Over Human Rights Violation Concern

April 28, 2025 630 Views 0 comment Print

The petitioner is a practicing Chartered Accountant, residing in New Delhi. His name was included in a list of “Undesirable Contact Men” (UCM) which was allegedly circulated by the CBI and subsequently published in various newspaper clippings.

Short term capital gain on depreciable assets u/s. 50 will be taxed @20% as per section 112

April 28, 2025 1086 Views 0 comment Print

ITAT Mumbai held that the rate of tax on a short term capital gain on depreciable assets u/s. 50 has been held to be the rate of long term capital gain @ 20% as per Section 112 of the Income Tax Act. Accordingly, appeal of assessee allowed.

Matter restored for granting adequate and effective opportunity of being heard: ITAT Delhi

April 28, 2025 612 Views 0 comment Print

ITAT Delhi restored the matter to the file of the Assessing Officer with the direction to pass order after affording reasonable, adequate and effective opportunity of being heard and hence the appeal of the assessee is deserves to be allowed.

Adjudication of Custom notice after 10 years is against mandates of section 28(9)

April 28, 2025 1479 Views 0 comment Print

CESTAT Delhi held that section 28(9) of Customs Act mandates adjudication of show cause notice within one year. Thus, adjudication of notice after around 10 years of issuance, without justifiable reason, is not tenable and hence order issued thereon is liable to be quashed.

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