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Recovery of Income Tax Arrears from Auctioned Property Untenable: Kerala HC

February 12, 2025 237 Views 0 comment Print

Kerala High Court held that recovery of tax arrears by income tax department from property that was already auctioned by Kerala General Sales Tax Act, 1963 [KGST] to realize tax payable under KGST is untenable in the eye of law.

License Fees for Goodwill acquisition Allowed as Expense U/S 37: Delhi HC

February 12, 2025 189 Views 0 comment Print

Delhi High Court held that license fees paid to M/s. Remfry & Sagar for use goodwill vested in the company is allowable as deduction under section 37 of the Income Tax Act. Accordingly, appeal of the revenue dismissed.

One-sided agreements are covered by ‘unfair trade practice’ definition: SC

February 12, 2025 327 Views 0 comment Print

Held that while considering the term “unfair trade practice”, this Court has found that such one-sided Agreements, as in the present case, would be covered by the definition of term “unfair trade practice”.

ITAT Delhi upholds Addition of bogus LTCG from penny stock

February 12, 2025 309 Views 0 comment Print

ITAT Delhi held that Long Term Capital Gain [LTCG] earned from transaction in penny stock is liable for addition. Accordingly, appeal of assessee dismissed and order of CIT(A) being well reasoned is upheld.

Adjustment of disallowance of deduction u/s. 80P(2)(d) is not permissible u/s. 143(1)

February 12, 2025 873 Views 0 comment Print

ITAT Mumbai held that adjustment of disallowance of deduction u/s 80P(2)(d) is not permissible adjustment under section 143(1) of the Act. Accordingly, order of CIT(A) set aside and deduction u/s. 80P(2)(d) allowed.

Workmen service Discontinuation Illegal Without Section 6E/6N Compliance: SC

February 12, 2025 270 Views 0 comment Print

Supreme Court held that the discontinuation of the Appellant Workmen’s services, effected without compliance with Section 6E and Section 6N of the U.P. Industrial Disputes Act, 1947, is illegal. Thus, all the orders terminating the services are quashed.

Section 271B Penalty Unfair if imposed Before Quantum Assessment: ITAT Agra

February 12, 2025 585 Views 0 comment Print

ITAT Agra held that confirming penalty under section 271B of the Income Tax Act before finalization of quantum assessment is unjust and unfair. Accordingly, matter restored back to CIT(A) for fresh adjudication.

Communication modules are classifiable under CTI 8517 70 90: CESTAT Delhi

February 12, 2025 231 Views 0 comment Print

CESTAT Delhi held that communication modules being parts of communication hubs is classifiable under CTI 8517 70 90. Accordingly, differential duty and also interest and imposition of penalty u/s. 114A set aside.

Demonetization Deposits Explained: Section 68/69A not Invocable

February 12, 2025 819 Views 0 comment Print

ITAT Delhi held that provisions of section 68 or 69A of the Income Tax Act for cash deposit during demonetization period unjustified since source of cash deposits duly explained. Hence, addition liable to be deleted.

Section 264 Revision Accepted: Suo Moto Disallowance Rectified

February 12, 2025 309 Views 0 comment Print

Delhi High Court held that suo moto disallowance with bona fide yet mistaken belief that amount is liable to be offered for taxation, such mistake can be rectified via revision application under section 264 of the Income Tax Act.

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