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Addition u/s. 40(a)(ia) not sustained as profit is estimated by applying net profit rate

February 1, 2025 534 Views 0 comment Print

ITAT Jodhpur held that if the books of accounts are rejected, and net profit is estimated by application of net profit rate, there cannot be again addition on account of any disallowance based on the same set of books of accounts. Thus, addition u/s. 40(a)(ia) set aside.

Denial of exemption u/s. 54B for purchase of agricultural land in name of wife not justified

February 1, 2025 492 Views 0 comment Print

ITAT Delhi held that denial of exemption under section 54B of the Income Tax Act for purchase of agricultural land in the name wife of the assessee is not justifiable. Accordingly, denial of benefit of deduction set aside.

Extension of moratorium period beyond 180 days impermissible: NCLAT Delhi

February 1, 2025 291 Views 0 comment Print

NCLAT Delhi held that as per expressed provisions of section 101(1) of the Insolvency and Bankruptcy Code, 2016 moratorium period cannot be extended beyond 180 days. Accordingly, appeal dismissed.

Society not entitled to exemption under sections 11 and 12 due to non-filing of return of income

February 1, 2025 303 Views 0 comment Print

ITAT Raipur held that exemption under section 11 and section 12 of the Income Tax Act not admissible to assessee society due to non-furnishing of return of income as required u/s. 12A(1)(b) of the Income Tax Act.

Taxpayer is entitled to raise additional claims before appellate authority: ITAT Delhi

January 31, 2025 174 Views 0 comment Print

ITAT Delhi held that taxpayer is entitled to raise additional claims before appellate authority hence claim for exemption under section 10(15)(iv)(h) for the first time vide additional ground is allowed and matter set aside to file of AO for examining the claim.

Service tax not leviable on allocation of head office expense by head office to branch

January 31, 2025 156 Views 0 comment Print

CESTAT Mumbai held that the allocation of head office executive and general administrative expenses by the head office of Standard Chartered Bank to India branch cannot be subjected to levy of service tax under the Finance Act, 1994.

AO who issued notice u/s. 148 of old Act is required to pass an order under new scheme

January 31, 2025 360 Views 0 comment Print

Punjab and Haryana High Court held that the same assessing officer is required to pass an order under the new scheme after giving notice under Section 148 of the old Act. Thus, all the writ petition are dismissed.

Deduction u/s. 54F admissible even is sale deed executed after period of two years

January 31, 2025 180 Views 0 comment Print

ITAT Pune held that deduction under section 54F of the Income Tax Act admissible even if assessee is shareholder in developing company and sale deed has been executed after a period of two years. Accordingly, appeal of revenue dismissed.

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.

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