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Adoption of section 50C justified on difference in sale consideration in sale deed and stamp value adopted by officer

December 21, 2024 10401 Views 0 comment Print

ITAT Bangalore held that once the sale consideration mentioned in the sale deed differs from the stamp value adopted by the officer, AO has to adopt the procedures contemplated u/s. 50C of the Act. Accordingly, appeal filed by the assessee dismissed.

Ex-parte order set aside as non-production of documents before lower authorities duly explained

December 21, 2024 1455 Views 0 comment Print

ITAT Ahmedabad held that assessee satisfactorily explained non-production of documents before lower authorities. Accordingly, ex-parte order passed is set aside and matter is remanded back to AO for fresh consideration.

Disallowance u/s. 14A while computing book profit u/s. 115JB not justifiable: ITAT Mumbai

December 21, 2024 672 Views 0 comment Print

ITAT Mumbai held that there is no relation of disallowance u/s. 14A while computing the book profit u/s. 115JB. Thus, lower authorities were not correct in adding notional expenditure as computed u/s. 14A and increasing the book profit by that sum u/s. 115JB.

Section 270A Penalty Notice Without specifying Specific Charge Invalid: ITAT Chennai

December 21, 2024 4614 Views 0 comment Print

ITAT Chennai held that notice u/s 274 r.w.s.270A of the Act was not a valid notice for the reason that the AO did not specify the satisfaction as to whether assessee had either ‘under reported the income or ‘misreported the income’.

Deposit of 25% of disputed tax directed due to non-response to GST notice: Madras HC

December 21, 2024 723 Views 0 comment Print

Madras High Court held that as requested by the petitioner, an opportunity of heard will be granted on payment of deposit of 25% of the disputed tax amount since petitioner failed to respond to notice in DRC-01.

Reopening bad-in-law since AO unaware about exact nature of income which escaped assessment

December 20, 2024 9033 Views 0 comment Print

As noticed earlier, the provisions of sec. 147 of the Act makes it mandatory that the AO should be clear about the alleged escapement of income while recording reasons for reopening of assessment.

Initiation of proceedings u/s. 148 based on material found during search invalid: ITAT Delhi

December 20, 2024 7284 Views 0 comment Print

ITAT Delhi held that based on incriminating materials unearthed during the course of search, proceedings under section 153C of the Income Tax Act needs to be initiated. Hence, initiation of proceedings u/s. 148 illegal and void ab initio.

ED cannot have control over property after approval of resolution plan

December 20, 2024 1230 Views 0 comment Print

Held that the Appellant-E.D. is directed to handover and the Respondent successful Resolution Applicant JSW is directed to take over the control of the properties of Corporate Debtor-Bhushan Power and Steel Ltd.

Labour Court Not Empowered to Determine Retrenchment Compensation Entitlement

December 20, 2024 1074 Views 0 comment Print

Punjab and Haryana High Court held that the Labour Court in exercise of power under Section 33­C(2) of Industrial Disputes Act, 1947 cannot determine entitlement of retrenchment compensation. It can order to employer to pay already determined compensation.

No Need to Prove Bad Debt Once Written Off in books: ITAT Hyderabad

December 20, 2024 2307 Views 0 comment Print

AO on perusal of the details submitted by the assessee observed that the assessee could not prove the bad debts written off in its books of accounts are, in fact bad debts and irrecoverable with relevant evidences.

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