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Addition u/s. 41(1) not justified in absence of evidence of cessation of liability: Delhi HC

December 11, 2024 858 Views 0 comment Print

Delhi High Court held that there was no evidence of cessation of liability thus addition under section 41(1) of the Income Tax Act not justifiable. Accordingly, appeal filed by the revenue dismissed.

Disallowance of deduction u/s. 80IB(10) deleted following decision of High Court and Supreme Court

December 11, 2024 1176 Views 0 comment Print

ITAT Ahmedabad held that disallowance of deduction claimed under section 80IB(10) of the Income Tax Act rightly deleted as delay in BU was due to dispute of jurisdiction between AMC and AUDA. Accordingly, following judgement of Jurisdictional HC and SC disallowance rightly deleted.

TDS not deductible on interest paid on loan from group entities: ITAT Mumbai

December 11, 2024 3522 Views 0 comment Print

ITAT Mumbai held that interest paid on loan from group entities are in the nature of reimbursement and therefore not liable for deduction of TDS. Therefore, addition made by AO is directed to be deleted.

Requirement of separate notification for cross-empowerment u/s. 6(1) of CGST Act referred to division bench

December 10, 2024 1527 Views 0 comment Print

Kerala High Court held that the issue relating requirement of separate notification as contemplated by the provisions of section 6(1) of the CGST Act for cross-empowerment requires an authoritative pronouncement by a Division Bench of this Court.

Revenue appeal dismissed as opportunity to counter allegation not afforded: Delhi HC

December 10, 2024 822 Views 0 comment Print

Delhi High Court held that the assessee was not afforded an opportunity to counter the allegation that it was a conduit company without any substance. Thus, the appeal filed by the revenue dismissed.

Section 98 of IBC allows Financial Creditor to apply for replacement of Resolution Professional

December 10, 2024 894 Views 0 comment Print

NCLAT Delhi held that provisions of section 98 of the IBC enables Financial Creditor to apply for replacement of Resolution Professional. Notably, filing of application by resolution professional is immaterial.

Application u/s. 66 of Companies Act for reduction of share capital approved: NCLT Ahmedabad

December 10, 2024 1209 Views 0 comment Print

NCLT Ahmedabad approved application filed u/s. 66 of the Companies Act, 2013 by Mahan Industries Limited for reduction of share capital as approved by the Shareholders by passing a Special Resolution.

Disallowance of sales promotion expense deleted as disallowance is very less as compared to turnover

December 10, 2024 1377 Views 0 comment Print

ITAT Ahmedabad deleted disallowance of sales promotion expenditure since disallowance constitutes small percentage as compared to turnover of the assessee and also there is no allegation of expenditure incurred in cash.

Granting personal hearing mandatory when rectification order is detrimental to interest of assessee

December 10, 2024 1515 Views 0 comment Print

Madras High Court held that proviso 3 to section 161 of the CGST Act provides that it is mandatory to grant an opportunity of being heard if rectification order is detrimental to the interest of assessee.

Disallowance not justified as expenditure mistakenly presumed as personal expenditure: ITAT Delhi

December 10, 2024 858 Views 0 comment Print

ITAT Delhi held that disallowance @10% of personnel expenditure not justified since AO mistakenly presumed expenses claimed by assessee as personal expenditure instead of personnel expenditure. Thus, appeal allowed.

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