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Reassessment u/s. 147 based on change of opinion without any fresh material not sustainable

March 25, 2025 306 Views 0 comment Print

ITAT Delhi held that re-assessment proceedings under section 147 of the Income Tax Act initiated due to change of opinion without having any fresh material on record is liable to be quashed. Accordingly, appeal of revenue dismissed.

Initiation of penalty proceedings u/s. 271DA justified as delay was not unreasonable: Delhi HC

March 25, 2025 168 Views 0 comment Print

Delhi High Court held that imposition of penalty under section 271DA of the Income Tax Act is justifiable since there is no inordinately and inexplicably delay in initiation of penalty proceedings. Accordingly, writ dismissed.

Reassessment quashed as it was based on information fully examined during earlier reassessment

March 25, 2025 198 Views 0 comment Print

Delhi High Court held that reassessment order is liable to be set aside as it was based on information that was fully examined in the earlier round of reassessment u/s. 147 r.w.s. 144B of the Income Tax Act. Accordingly, appeal allowed and order set aside.

Penalty u/s. 271AA not leviable without specifying documents not furnished by assessee

March 25, 2025 309 Views 0 comment Print

ITAT Ahmedabad held that penalty u/s.271AA of the Income Tax Act cannot be levied without specifying the required documents failed to be maintained/furnished by the assessee. Thus, appeal of the revenue dismissed.

Revision u/s. 263 set aside as based on assumption and presumption: ITAT Jaipur

March 25, 2025 231 Views 0 comment Print

ITAT Jaipur held that invocation of revisionary proceedings u/s. 263 of the Income Tax Act not sustainable since AO duly verified investment and payment of ESI/PF.

Matter restored back as CIT(A) failed to consider additional evidences: ITAT Chennai

March 25, 2025 72 Views 0 comment Print

ITAT Chennai restored the matter back to the file of AO since CIT(A) failed to consider the additional evidence which was sought by AO. Accordingly, matter restored back to the files of AO for fresh adjudication.

Revisionary power u/s. 263 not sustainable as there is neither error of law nor of facts

March 25, 2025 108 Views 0 comment Print

ITAT Jaipur held that since there is neither error of law nor of facts, the twin condition as required to revise the assessment order is not met out and hence invocation of revisionary power under section 263 of the Income Tax Act is not sustainable in law.

Penalties imposed by NCDRC are regulatory & not constitute debt under IBC: SC

March 18, 2025 1923 Views 0 comment Print

Supreme Court held that the penalties imposed by the National Consumer Disputes Redressal Commission [NCDRC] are regulatory in nature and do not constitute “debt” under the IBC. Thus, penalty imposed by NCDRC needs to be complied with.

Section 272A(2)(e) Penalty order quashed as not passed within reasonable time: ITAT Bangalore

March 18, 2025 192 Views 0 comment Print

ITAT Bangalore held that penalty order under section 272A(2)(e) of the Income Tax Act has to be passed within reasonable time. Since, the penalty order is not passed within reasonable time, the same is liable to be quashed.

Family Jewellery & Silver Articles Not Unexplained Assets: ITAT Jaipur

March 18, 2025 150 Views 0 comment Print

ITAT Jaipur held that once the jewellery and silver articles are considered as belonging to the family as a whole, there does not remain any unexplained gold jewellery. Hence, addition towards unexplained gold jewellery is liable to be deleted.

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