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Section 263 cannot be invoked if here is no prejudice against revenue

March 21, 2024 954 Views 0 comment Print

Ahmedabad ITAT quashes Sec 263 order in Soham Buildcon vs PCIT-3 case, citing absence of twin conditions for exercising power under the provision. Full text analysis provided.

Kerala HC stays Income Tax Recovery till disposal of Stay Petition

March 21, 2024 630 Views 0 comment Print

Kerala HC directs Income Tax Department to halt recovery proceedings until disposal of stay petition in Koothery Narayanan Vijayan’s case against assessment order.

Claim of Cash-In-Hand from Business Profits cannot be rejected without Clear Findings

March 21, 2024 1011 Views 0 comment Print

Delhi ITAT ruling on Manish Kumar Mittal Vs ITO case clarifies treatment of cash-in-hand from business profits declared under Sec 44AD, preventing it from being added as unexplained money.

No Service Tax Applicable on Profit-based Commission for Whole-Time Directors: CESTAT

March 21, 2024 795 Views 0 comment Print

In Gujarat Guardian Ltd Vs C.C.E-Bharuch, CESTAT Ahmedabad ruled that remuneration paid as commission to whole-time directors based on profit doesn’t constitute an employer-employee relationship, thus no service tax applies.

Delhi HC Upholds Custom Broker Licence Suspension for Third-party Use

March 21, 2024 954 Views 0 comment Print

Delhi High Court upholds suspension of customs broker license for fraudulent permit to third parties, ruling in favor of Commissioner of Customs.

Deemed Short-Term Capital Gains from Depreciable Asset Sale Eligible for Setoff Against Long-Term Capital Loss

March 21, 2024 1641 Views 0 comment Print

Explore how DCIT vs. Claris Lifesciences Limited case sets precedent for setting off deemed short-term capital gain on sale of depreciable against long-term capital loss.

Penny Stock Sale Not ‘Unaccounted Income’ if Purchase not doubted

March 21, 2024 999 Views 0 comment Print

ITAT Ahmedabad overturns AO’s decision, ruling that penny stock sale cannot be treated as unaccounted income if the purchase is genuine. Details of the case and verdict provided.

AO treated share purchase bogus for non-submission of Share Certificate: ITAT Directs AO to Re-compute Tax 

March 21, 2024 363 Views 0 comment Print

In a case involving share purchase discrepancies, ITAT Mumbai directs the AO to re-calculate tax liabilities after verifying relevant documents. Full text of the order provided.

Receiving funds from a company alone doesn’t imply income evasion

March 21, 2024 747 Views 0 comment Print

The mere receipt of funds from M/s Solvent Real Estate Pvt. Ltd. did not constitute tangible evidence of income escapement by the assessee. Despite efforts by the assessee to provide explanations and evidence, the AO failed to conduct independent inquiries and relied solely on the information received.

Supreme Court Upholds Tax Settlement: Niket Udyog Ltd Vs State of M.P.

March 21, 2024 384 Views 0 comment Print

Learn how the Supreme Court upheld the tax settlement of Niket Udyog Ltd under the SICA Act, as directed by BIFR. Analysis and implications discussed.

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