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Date of declaration of loan as NPA can be date of default for initiation of action u/s. 7 of IBC

December 17, 2024 309 Views 0 comment Print

NCLAT Delhi held that date of declaration of the loan account/ debt as NPA can be reckoned as the date of default to enable the Financial Creditor to initiate action under Section 7 of the Insolvency and Bankruptcy Code.

Addition u/s. 69 deleted since cash deposited out of sale of agricultural land: ITAT Ahmedabad

December 17, 2024 336 Views 0 comment Print

ITAT Ahmedabad held that addition under section 69 of the Income Tax Act towards cash deposit in bank not justified since it is proved that cash was deposited out of the sale of agricultural land.

ITAT Surat imposes Cost imposed on assessee for non-cooperation

December 17, 2024 465 Views 0 comment Print

As the assessee had not submitted his explanation with respect to cash deposit made by him during the demonetization period, the same was treated as unexplained money u/s 69A of the Act.

Bail granted due to prolonged incarceration before being pronounced guilty of an offence

December 17, 2024 324 Views 0 comment Print

Calcutta High Court allowed the bail application on the fact that petitioner has been in prolonged incarceration before being pronounced guilty of an offence. Court also relied on the principle that bail is rule and jail is exception.

Demanding GST from receiver under RCM leads to double taxation since tax paid by service provider

December 17, 2024 1407 Views 0 comment Print

Karnataka High Court held that demand of Goods and Services Tax (GST) under reverse charge mechanism from service receiver will lead to double taxation since entire tax already paid by service provider. Accordingly, appeal allowed.

Court cannot decide dispute between private parties under Article 226 of Constitution

December 17, 2024 594 Views 0 comment Print

Madras High Court held that Article 226 of the Constitution doesn’t permit Court to decide the dispute between two private parties. Accordingly, writ dismissed with liberty to petitioner to avail civil remedy.

10% of disputed tax amount to be deposited due to non-appearance: Madras HC

December 17, 2024 360 Views 0 comment Print

Held that the impugned order dated 29.08.2024 is set aside and the petitioner shall deposit 10% of the disputed tax within a period of four weeks from the date of receipt of a copy of this order.

Expenditure treated as capital in books cannot be claimed as revenue in computation of income

December 17, 2024 1050 Views 1 comment Print

Madras High Court held that expenditure claimed as capital expenditure cannot be claimed as revenue expenditure in the computation of income. Accordingly, appeal filed by the assessee dismissed.

Denial of FTC for delay in filing of Form No. 67 not justified: ITAT Kolkata

December 17, 2024 456 Views 0 comment Print

The assessee filed his return of Income on 27.08.2019. After filing the return, assessee received intimation u/s 143(1) of the Act dated 23.03.2021 and found that relief under section 90 of the Act had not been allowed amounting to Rs 73,658/-.

Delay of 1809 days condoned on reasonable cause shown: ITAT Bangalore

December 17, 2024 540 Views 0 comment Print

ITAT Bangalore held that delay of 1809 days in filing of an appeal condoned since reasonable cause shown for the delay. Accordingly, appeal allowed and AO directed to allow Foreign Tax Credit after due verification of Form 67.

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