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Claim u/s. 80IC allowed as establishment exists in eligible area: ITAT Ahmedabad

January 11, 2025 168 Views 0 comment Print

ITAT Ahmedabad held that inadvertent mentioning of wrong area in Form 10CCB resulted into denial of claim u/s. 80IC. Thus, clam allowed since it is proved that establishment of assessee exists in eligible area. Accordingly, appeal allowed.

Directs CIT(A) to decide denial of FTC with other pending appeal of same assessment year: ITAT Ahmedabad

January 11, 2025 330 Views 0 comment Print

ITAT Ahmedabad directs CIT(A) to decide the denial of Foreign Tax Credit (FTC) due to delay filing of Form No. 67 to be decided with other pending appeal of the same assessment year. Accordingly, matter remitted to CIT(A).

Addition towards unaccounted purchases restricted to 12.5% instead of 25%: ITAT Surat

January 11, 2025 762 Views 0 comment Print

ITAT Surat held that disallowance of unaccounted purchases restricted to 12.5% of purchases instead of 25% as held by CIT(A). Accordingly, addition towards unaccounted purchases restricted.

Rejection of application for condonation of delay in filing refund clam is not appealable order u/s. 253

January 11, 2025 315 Views 0 comment Print

ITAT Surat held that rejection of the application for condonation of delay in filing refund claim u/s 119(2)(b) of the Act is not an appealable order u/s. 253. Thus, appeal dismissed as infructuous.

Revision u/s. 263 wouldn’t survive as assessment order held non-est: ITAT Delhi

January 10, 2025 696 Views 0 comment Print

ITAT Delhi held that revisionary proceedings under section 263 of the Income Tax Act would not survive since the assessment order is held to be non-est. Thus, appeal dismissed as having become infructuous.

Granting opportunity of hearing not mandatory for Local Committee on High Pitched Scrutiny Assessment

January 9, 2025 903 Views 0 comment Print

Madras High Court held that Local Committee on High Pitched Scrutiny Assessment are not required to grant an opportunity of being heard as there is no provisions laid down in the SOP. Accordingly, writ dismissed.

IRP fees to be paid from date of charge till date of appointment of new resolution professional

January 9, 2025 297 Views 0 comment Print

NCLAT Chennai held that fees is payable to Interim Resolution Professional (IRP) from the date he took charge of IRP till the date of appointment of new Resolution Professional. Accordingly, directed to pay additional fees from 53 days.

Financial creditor can prefer application u/s. 7 of IBC even after possession over assets of corporate debtor

January 9, 2025 219 Views 0 comment Print

NCLT Kolkata held that a secured creditor having possession over the assets of the corporate debtor does not lose its rights to file an application under Section 7 of the Insolvency and Bankruptcy Code.

Duty demand due to non-fulfilment of export obligation justifiable: CESTAT Chennai

January 9, 2025 237 Views 0 comment Print

CESTAT Chennai held that duty demand due to non-fulfilment of export obligation justified as department empower to recover escaped duty when post importation conditions are not fulfilled. Accordingly, appeal dismissed.

Bill of Entry amendment for claiming benefit of duty exemption certificate after clearance of goods allowed

January 9, 2025 207 Views 0 comment Print

CESTAT Allahabad held that amendment of bill of entry under section 149 of the Customs Act, 1962 for claiming benefit of duty exemption certificate received after clearance of goods allowed. Accordingly, appeal of revenue dismissed.

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