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Disallowance of deduction u/s. 54F merely due to delay in completion of construction not justifiable

December 21, 2024 1737 Views 0 comment Print

ITAT Ahmedabad held that delay in the completion of construction of the house will not be a bar to the assessee for claiming the exemption provided u/s.54F of the Income Tax Act. Accordingly, deduction granted.

Payment of liquidator fee mandatory even if secured creditor proceeds to realise its security interest

December 21, 2024 474 Views 0 comment Print

NCLAT Delhi held that even if the secured creditor proceeds to realise its security interest it is liable to pay liquidator fee as contemplated under Regulation 21A (2)(a) of the Liquidation Regulations, 2016.

Attachment of bank account not justified due to availability of sufficient ITC: Madras HC

December 21, 2024 798 Views 0 comment Print

The petitioner has filed the present writ petition challenging the impugned order dated 19.07.2021 and the impugned recovery notice dated 05.05.2023 passed by the respondent for the assessment year 2017-2018.

Issuance of notice mandatory before an adverse conclusion arrived in assessment order: Madras HC

December 21, 2024 651 Views 0 comment Print

It is mainly contested that invocation of jurisdiction under Section 148 of the Act was beyond the period of limitation under Section 148 read with Section 147 of the Act as there was no suppression of facts by the petitioners.

Each and every addition cannot be base for levy of penalty u/s. 271(1)(c): ITAT Surat

December 21, 2024 969 Views 0 comment Print

ITAT Surat held that each and every addition cannot be a basis for levying a penalty under section 271(1)(c) of the Income Tax Act. There has to be deliberate furnishing of inaccurate particulars or concealed income for levy of penalty.

Customs Broker doesn’t have expertise to identify mis-declaration of goods: CESTAT Mumbai

December 21, 2024 315 Views 0 comment Print

The appellants herein is a Customs Broker (CB). In pursuance of specific intelligence regarding customs duty evasion in import consignment CFS was put on hold and further investigation ware carried out.

Rejection of GST Refund for Second Application Beyond Statutory Time Limit Unjustified

December 21, 2024 1119 Views 0 comment Print

Kerala High Court held that rejection of the application for refund on the ground that the second application filed by the petitioner was beyond the time specified in sub-section (1) of Section 54 of the CGST/SGST Acts cannot be sustained in law.

Adoption of section 50C justified on difference in sale consideration in sale deed and stamp value adopted by officer

December 21, 2024 10041 Views 0 comment Print

ITAT Bangalore held that once the sale consideration mentioned in the sale deed differs from the stamp value adopted by the officer, AO has to adopt the procedures contemplated u/s. 50C of the Act. Accordingly, appeal filed by the assessee dismissed.

Ex-parte order set aside as non-production of documents before lower authorities duly explained

December 21, 2024 708 Views 0 comment Print

ITAT Ahmedabad held that assessee satisfactorily explained non-production of documents before lower authorities. Accordingly, ex-parte order passed is set aside and matter is remanded back to AO for fresh consideration.

Disallowance u/s. 14A while computing book profit u/s. 115JB not justifiable: ITAT Mumbai

December 21, 2024 372 Views 0 comment Print

ITAT Mumbai held that there is no relation of disallowance u/s. 14A while computing the book profit u/s. 115JB. Thus, lower authorities were not correct in adding notional expenditure as computed u/s. 14A and increasing the book profit by that sum u/s. 115JB.

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