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Addition Under Section 56(2)(vii)(b) Without DVO Valuation Invalid

January 29, 2025 4572 Views 0 comment Print

ITAT Ahmedabad held that addition under section 56(2)(vii)(b) of the Income Tax Act without referring valuations of property to DVO as per the provisions of sec-50C of the Income Tax Act is liable to be deleted. Accordingly, appeal allowed.

Matter of approval u/s. 80G restored back since fresh application in Form 10AB filed: ITAT Mumbai

January 29, 2025 738 Views 0 comment Print

ITAT Mumbai held that issue of approval under section 80G of the Income Tax Act is liable to be restored back to CIT(E) since fresh application in Form 10AB is already pending for adjudication.

Fraudulent and malicious initiation of CIRP can be recalled: NCLAT Delhi

January 29, 2025 750 Views 0 comment Print

NCLAT Delhi held that in case there is fraudulent and malicious initiation of Corporate Insolvency Resolution Proceedings [CIRP], adjudicating authority has jurisdiction under the IBC to recall CIRP admission order.

Transfer pricing disallowance as assessee failed to prove any benefit not justifiable: ITAT Bangalore

January 29, 2025 861 Views 0 comment Print

ITAT Bangalore held that merely because the assessee has failed to prove any benefit from services received the disallowance of transfer pricing cannot be made. Accordingly, one more opportunity granted to assessee to prove the case.

Addition merely based on retracted statement cannot be sustained: ITAT Jaipur

January 29, 2025 1308 Views 0 comment Print

ITAT Jaipur held that addition towards unexplained cash credit under section 68 of the Income Tax Act merely based on retracted statement cannot be sustained. Accordingly, appeal of the revenue dismissed.

Capital gain tax set aside as land not situated within municipal limits: ITAT Jodhpur

January 28, 2025 954 Views 0 comment Print

ITAT Jodhpur held that addition of income and capital gain tax levied thereon is liable to be set aside as land not situated within the municipal limits of Sardarsahar. Accordingly, appeal of the assessee allowed.

Exemption u/s. 11 and 12 available as agreement entered didn’t violated purpose of charity

January 28, 2025 507 Views 0 comment Print

ITAT Ahmedabad held that agreement for transfer of operations, management and movable assets didn’t violated the purpose of charity and hence exemption under section 11 and 12 of the Income Tax Act duly available.

Rejection of interlocutory application for declaring process memorandum for resolution plan incomplete not justified

January 28, 2025 342 Views 0 comment Print

NCLAT Chennai held that appeal u/s. 60(5) of I&B Code, 2016 against order rejecting interlocutory application for seeking to declare the process memorandum for Resolution Plan incomplete is hereby allowed.

Commercial wisdom of CoC in rejecting resolution plan and opting for liquidation non-justiciable

January 28, 2025 804 Views 0 comment Print

NCLAT Delhi held that the commercial wisdom of the Committee of Creditors [CoC] in rejecting resolution plan and opting for liquidation is non-justiciable. Accordingly, held that NCLT rightly refused to intervene in decision of CoC.

Revision u/s. 263 justified as claim accepted without any enquiry: Kerala HC

January 28, 2025 723 Views 0 comment Print

Kerala High Court held that revision proceedings under section 263 of the Income Tax Act righty invoked as claim was accepted by assessing officer without any enquiry. Accordingly, jurisdiction rightly invoked.

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