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AO cannot reopen assessment u/s. 148 when order u/s. 245D is passed by Income Tax Settlement Commission

October 26, 2023 636 Views 0 comment Print

ITAT Ahmedabad held that once the Income Tax Settlement Commission has passed final order u/s. 245D of the Income Tax Act, AO has no jurisdiction to reopen the same u/s. 148 of the Income Tax Act.

Addition u/s 68 towards sale of shares unsustainable as investment in shares not disputed

October 26, 2023 1098 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act towards sale of shares by the assessee unsustainable as such transaction cannot be alleged as unexplained/ bogus when department has not disputed investment in shares.

Jharkhand VAT Act: No Reassessment of Reassessment Orders Allowed

October 26, 2023 336 Views 0 comment Print

Jharkhand High Court held that Jharkhand Value Added Tax Act, 2005 [JVAT Act] doesn’t have any provision for initiation of re-assessment proceedings against a re-assessment order. In case assessing authority is allowed to initiate repeated re-assessment proceeding merely on dictate of audit party there would be no finality of assessment.

Rejection of Books of Accounts for Stock Format Non-Compliance is unjustified

October 26, 2023 954 Views 0 comment Print

ITAT Ahmedabad held that rejection of books of accounts merely for not providing stock details in desired format and without bringing any corroborative material on record suggesting specific defect in the books of accounts is unjustified.

Late fees u/s 234E is effective only from 01.06.2015

October 26, 2023 903 Views 0 comment Print

ITAT Jodhpur held that levy of late fees under section 234E of the Income Tax Act is effective only from 01.06.2015. Accordingly, levy of late fees for F.Y. 2012-2013 is unsustainable in law.

Interface Card classifiable under 8517 7010 and not under 8517 6290

October 26, 2023 423 Views 0 comment Print

CESTAT Mumbai held that ‘interface card’ is classifiable under customs tariff it 8517 7010 and not under customs tariff item 8517 6290. Accordingly, demand of differential duty set aside.

Deduction u/s 54F not eligible as flats not hold for minimum period of 3 years

October 25, 2023 939 Views 0 comment Print

ITAT Hyderabad held that claim of deduction under section 54F of the Income Tax Act not available as the flats sold are not hold for a minimum period of 3 years.

Addition u/s 68 towards unexplained cash credit unjustified as source of cash deposit proved

October 25, 2023 1731 Views 0 comment Print

ITAT Ahmedabad held that addition under section 68 of the Income Tax Act towards unexplained cash credit unjustified as source of cash deposit on account of sale of petrol, diesel and other petroleum products duly proved.

Subsidy from Government under Focus Market Scheme is revenue receipt

October 25, 2023 852 Views 0 comment Print

ITAT Chennai held that subsidy received from Government of India under the Focus Market Scheme is Revenue in nature. The same cannot be at any stretch of imagination considered as capital in nature.

Bail to CA granted as professional generally acts on instruction of client

October 25, 2023 2175 Views 0 comment Print

Delhi High Court granted the bail to the petitioner (Chartered Accountant) under Prevention of Money Laundering Act 2022 based on the plea of the petitioner that he has acted on the basis of information and records provided by his client.

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