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Matter of addition u/s. 68 restored back to demonstrate genuineness of agricultural sales

January 31, 2025 78 Views 0 comment Print

ITAT Mumbai restored the matter of addition under section 68 towards agricultural income since all facts and records for sales are not brought on record. ITAT directed assessee to demonstrate that sales made to parties are genuine.

Money in bank account is property liable for provisional attachment u/s. 281B: Kerala HC

January 31, 2025 276 Views 0 comment Print

Kerala High Court Held that money in Bank accounts is a property liable for provisional attachment under Section 281B of the Income Tax Act. Thus, writ petition is allowed.

Reopening solely relying upon information without forming independent opinion is liable to be quashed

January 31, 2025 132 Views 0 comment Print

Gujarat High Court held that AO couldn’t assume jurisdiction to reopen assessment, without forming independent opinion, solely and mechanically relying upon the information received from the other sources. Accordingly, reopening u/s. 148 quashed.

Deduction u/s. 10A not admissible based on defective Form 56F: ITAT Chennai

January 30, 2025 267 Views 0 comment Print

ITAT Chennai held that Form 56F not signed by an accountant, as referred in section 10A(5) of the Income Tax Act, is defective and hence deduction under section 10A of the Income Tax Act not admissible. Accordingly, appeal of revenue allowed.

Rejection of renewal of exemption u/s. 80G without substantial evidence is not tenable

January 30, 2025 258 Views 0 comment Print

Punjab and Haryana High Court held that rejection of claim of exemption under section 80G not based upon any substantial evidence is not tenable in law. Accordingly, writ petition is allowed.

Availability of wrongfully utilized credit in credit ledger not necessary for blocking credit under rule 86A of CGST Rules

January 30, 2025 486 Views 0 comment Print

Andhra Pradesh High Court held that rule 86A of the Central Goods and Services Tax Rules permits blocking of credit which has been wrongfully utilized, whether it is actually available in the credit ledger or not. Thus, writ petition dismissed.

Addition u/s. 68 deleted as identity, genuineness and creditworthiness of lenders established

January 30, 2025 216 Views 0 comment Print

ITAT Ahmedabad held that additions under section 68 of the Income Tax Act is not sustainable since assessee established identity, genuineness and creditworthiness of the lenders. Accordingly, addition u/s. 68 deleted.

Deduction towards leave encashment fund admissible only when it is actually paid

January 30, 2025 441 Views 0 comment Print

Himachal High Court held that as per section 43-B of the Income Tax Act deduction towards contribution to leave encashment fund is available only when the same is actually paid. Accordingly, appeal of the assessee dismissed.

Addition u/s. 68 deleted since denial of exemption u/s. 10(38) not justified: ITAT Delhi

January 30, 2025 135 Views 0 comment Print

ITAT Delhi held that there is no case for making any addition u/s 68 of the Act in the hands of the assessee by denying the exemption under section 10(38) of the Act for the LTCG on sale of shares of Unno Industries Limited. Accordingly, appeal allowed.

Registration u/s. 12AB to trust having objects confined to particular community rightly denied

January 30, 2025 180 Views 0 comment Print

ITAT Ahmedabad held that the Assessee Trust being purely a religious activities of particular Community is not entitled for registration as a specified violation under Explanation [d] of Section 12AB(4) of the Income Tax Act.

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