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No addition u/s 68 as assessee had not benefited from Round-Tripping of Share Transactions

May 6, 2024 606 Views 0 comment Print

Assessee had issued share application money and subsequently allotted shares which showed that the transactions were genuine and there was no material brought on record by tax authorities that the assessee had benefited from round-tripping, therefore, ITAT had deleted the addition made u/s 68.

Case of medical negligence as ‘Egg Shell Skull’ Rule could be apply only when patient had pre-existing conditions

May 3, 2024 327 Views 0 comment Print

Compensation by its very nature, had to be just. For suffering, no part of which was the claimant-appellant’s own fault, she had been awarded a sum which could, at best, be described as ‘paltry’. In regard to the application of the Eggshell-Skull Rule, the impugned judgment was silent as to how this rule applied to the present case.

Addition u/s 68 was justified as assessee’s failed to establish genuineness of transaction with cogent and credible evidence

May 2, 2024 690 Views 0 comment Print

Assessee had miserably failed to establish genuineness of the transaction by cogent and credible evidence and that the investments made in its share capital were genuine.

Upon Repeal, Old Provision Ends; Substituted One Activates Upon Replacement

April 29, 2024 621 Views 0 comment Print

Supreme Court held that subject to statutory stipulation, a repealed provision ceased to operate from the date of repeal, and the substituted provision started operating as and when it is substituted.

No amount to be paid through partly paid ‘Redeemable Preference Shares to Operational Creditor

April 25, 2024 261 Views 0 comment Print

Operational Creditor cannot be paid through partly paid ‘Redeemable Preference Shares’ as the distribution of the amount to the Operational Creditor (other than Government Departments) was clearly contrary to provisions of Section 30 (2)(b)(ii).

Matter restored for AO’s disallowance which was not in terms with section 115JB for fresh verification

April 12, 2024 528 Views 0 comment Print

Tribunal restored the matter of AO’s disallowance, which was deemed inconsistent with Section 115JB by directing assessee’s claim of deduction for computing book profit under Section 115JB required fresh verification in the light of the Chart furnished by assessee, which had been reproduced in the order.

ITAT allowed additional depreciation claim of Rs. 49.5 cr notwithstanding Authorities failed to appreciate Amended Provision of S. 36(1) (iia)

April 12, 2024 447 Views 0 comment Print

Tribunal allowed a claim of Rs. 49.5 crore in the interest of Principle of Natural Justice after finding that the respective authorities failed to appreciate the amended provision of Section 36(1)(iia) of the Income Tax Act, 1961, resulting in the denial of an additional depreciation claim.

ITAT allowed expenditure incurred on Paintings as revenue deeming it essential for Business

April 8, 2024 672 Views 0 comment Print

Expenditure incurred on paintings was allowable as revenue expenditure deeming it essential for creating a conducive business environment and accordingly to be construed as expenditure wholly and exclusively incurred for the purpose of business of assessee.

GST & Excise Officer cannot adjudicate until SVLDRS discharge Certificate revoked by Designated Committee

April 4, 2024 327 Views 0 comment Print

Authority / power to revoke or cancel the Discharge Certificate on the premise that the material particulars furnished in the Discharge Certificate was false, lied with the exclusive jurisdiction of the Designated Committee.

TDS was correctly deducted by Hindustan Lever, rules Orissa HC in challenge by Works Contractor for ‘Wheel’, ‘Surf Excel’ and ‘Domex’ Production

April 4, 2024 324 Views 0 comment Print

Assessee-company had entered into a Purchasing Agreement with M/s. Hindustan Unilever Ltd. whose main business was manufacture and sale of detergents, etc.

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