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Option of choosing method of valuation of shares stands vested solely in hands of assessee: Delhi HC

April 8, 2024 726 Views 0 comment Print

Delhi High Court held that conjoint reading of Section 56(2)(viib) read along with Rule 11UA(2), the option of choosing a method of valuation of shares stands vested solely in the hands of the assessee.

Due to uncertainty of revenue recognition income to be taxed on receipt basis: ITAT Delhi

April 8, 2024 705 Views 0 comment Print

ITAT Delhi held that giving effect to uncertainty of revenue recognition, income rightly offered to tax on the basis of receipts. Accordingly, addition of income based on accrual basis deleted.

Order passed without implementing direction of DRP is void-ab-initio: ITAT Delhi

April 8, 2024 597 Views 0 comment Print

ITAT Delhi held that AO is bound to follow the directions of DRP. Accordingly, final assessment order passed by AO without implementing direction of DRP makes the assessment order void-ab-initio.

Resolution plan set aside as applicant declared as wilful defaulter: NCLT Mumbai

April 5, 2024 336 Views 0 comment Print

NCLT Mumbai set aside the resolution plan submitted by the respondent as Resolution Professional withhold the information of Resolution Applicant, being declared as wilful defaulter prior to submission of resolution plan, from the COC.

Vested right of person cannot be affected by retrospective legislation: Bombay HC

April 5, 2024 723 Views 0 comment Print

Bombay High Court held that retrospective legislation cannot deprive a person of an accrued right vested in him under a statute or under the Constitution.

Deduction u/s. 80IC eligible on addition u/s. 68 of unsubstantiated share capital: Delhi HC

April 5, 2024 267 Views 0 comment Print

Delhi High Court held that benefit of deduction under section 80IC of the Income Tax Act available even in case of addition of unsubstantiated share capital into the account of the assessee under Section 68 of the Act.

Disallowance u/s 14A deleted as interest free own funds exceeded investment: ITAT Mumbai

April 5, 2024 552 Views 0 comment Print

ITAT Mumbai held that disallowance made u/s. 14A of the Income Tax Act read with rule 8D deleted as tax free funds were more than investment made on which exempt income was earned.

TDS deductible u/s. 192 on reimbursement of Leave Travel Concession: ITAT Delhi

April 5, 2024 810 Views 0 comment Print

ITAT Delhi held that TDS is required to be deducted under section 192 of the Income Tax Act on the reimbursement of LTC (Leave Travel Concession) /LFC (Leave Fare Concession) and HTC (Home Travel Concession).

Sale of shares cannot be treated as bogus if material recorded proves genuineness: ITAT Mumbai

April 5, 2024 636 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act by treating transaction of sale of shares of Sunrise Asian as a bogus penny stock unsustainable as material on records supports genuineness of the transactions.

Revision u/s 263 justified as details not examined by AO: ITAT Mumbai

April 4, 2024 330 Views 0 comment Print

ITAT Mumbai held that non-examination of the details clearly makes the order of AO erroneous and prejudicial to the interest of revenue. Accordingly, PCIT correctly assumed the revisional jurisdiction under section 263 of the Income Tax Act.

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