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Section 145

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Section 145| Valuation of Stock is always to be ascertained on cogent evidence & in accordance with correct principles

Income Tax : Summary of the judgement About the assessee The assessee is a limited liability company engaged in the business of manufacture and...

July 4, 2021 3570 Views 0 comment Print

TDS deduction & Taxability of same; Analysis of section 198 & 145

Income Tax : Deduction of TDS and Taxability of the same; An Analysis of section 198 and 145 of Income tax 1961. As per basic understanding, th...

April 4, 2021 5436 Views 0 comment Print

Various Type of Assessment & amp; Study of Best Judgement Assessment

Income Tax : Self assessment - The assessee is required to make a self assessment and pay the tax on the basis of the returns furnished. Any ta...

October 22, 2020 138217 Views 0 comment Print

Meaning of ‘Turnover/Gross receipts’ under Income Tax & Inclusion of GST

Income Tax : ♦ Section 145A of Income Tax Act, 1961 ‘145A. Method of accounting in certain cases.—Notwithstanding anything to the contra...

July 30, 2020 51102 Views 0 comment Print

Taxability of Interest on Compensation or Enhanced Compensation

Income Tax : The statutory provisions for the income in the nature of ‘Interest received on compensation or on enhanced compensation’ were ...

July 8, 2020 76480 Views 5 comments Print


Latest Judiciary


Same Methodology Must Be Applied for Valuing Opening & Closing Stock: Kerala HC

Income Tax : Explore the detailed analysis of P. A. Jose Vs Union of India judgment by Kerala High Court regarding the valuation methodology fo...

May 31, 2024 357 Views 0 comment Print

Unutilized CENVAT Credit to be Included in Closing Stock Value: ITAT Mumbai

Income Tax : Gold Plus Toughened Glass Ltd. appeals ITAT Mumbai's decision confirming addition of unutilized CENVAT credit to closing stock val...

March 31, 2024 471 Views 0 comment Print

No Addition on estimation basis without Rejecting Books of Accounts: Delhi HC

Income Tax : Delhi High Court decrees no income addition without rejecting books of accounts in PCIT Vs Forum Sales Pvt. Ltd., upholding ITAT's...

March 9, 2024 2490 Views 0 comment Print

No Cessation of Liability u/s 41(1) as debt not written off in books

Income Tax : ITAT Bangalore held that unless the debt has been written off in the books of accounts of both the assessees, it cannot be said th...

February 12, 2024 1038 Views 0 comment Print

Customs Broker Not Liable for Post-Clearance Illegal Actions by Importer

Custom Duty : CESTAT Delhi held that illegal actions of the importer firms subsequent to the clearance of the cargo from the Customs Station do ...

February 10, 2024 630 Views 0 comment Print


Person summoned u/s 69 of CGST Act, 2017 cannot invoke section 438 of Code of Criminal Procedure

July 24, 2023 3162 Views 0 comment Print

Supreme Court held that any person summoned under Section 69 of the CGST Act, 2017 for the purpose of recording the statements cannot invoke Section 438 of the Code of Criminal Procedure. The respondent should sought recourse by filing criminal application under Article 226 of the Constitution of India.

Section 68 Addition for unsecured loan Upheld as assessee failed to discharge primary onus

July 20, 2023 2838 Views 0 comment Print

ITAT Delhi held that addition towards unsecured loan under section 68 of the Income Tax Act sustained as assessee failed to discharge the primary onus and burden of proof of providing genuineness, creditworthiness and identity of creditors to the satisfaction of the A.O.

Rejection of books of accounts merely because of lower gross profit rate is unsustainable

July 18, 2023 1449 Views 0 comment Print

Explore the ITAT Pune ruling on ACIT vs. Omshree Agrotech. Learn why rejection of books under section 145(3) based on gross profit rates is deemed unjustified.

Once books of accounts are rejected profit has to be estimated

June 26, 2023 3063 Views 0 comment Print

ITAT Raipur held that A.O after rejecting the books of accounts of the assessee could not have based his assessment on the said books of accounts. Accordingly, once the books of account of an assessee are rejected, then profit has to be estimated.

Rejection of books of accounts for want of tax audit report is unjustified

June 23, 2023 1347 Views 1 comment Print

ITAT Indore held that in the absence of any major discrepancies or defects in the books of accounts, the rejection of the books of account only for want of tax audit report is not justified.

Income accruing or arising in the hands of minor is added to parent’s total income

June 23, 2023 618 Views 0 comment Print

Kerala High Court held that provisions of section 64(1)(v) of Income Tax Act clearly states that income accruing or arising in the hands of a minor child will be added to the parent’s total income.

Addition u/s 68 sustained as genuineness of the transaction not proved

June 19, 2023 453 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unexplained cash credit sustained as identity and creditworthiness of the parties and genuineness of the transaction not proved.

Reopening of proceedings u/s 147 sustainable as original return processed u/s 143(1)

June 7, 2023 864 Views 0 comment Print

ITAT Delhi held that as the original return was only processed u/s 143(1), AO can duly initiate re-opening of proceedings under section 147 of the Income Tax Act so as to bring the escaped income into tax.

Disallowance u/s 36(1)(iii) unjustified as investments made out of interest free funds

May 17, 2023 1248 Views 0 comment Print

ITAT Ahmedabad held that when interest free funds are available with the assessee, it can be said that investments are made out of interest free funds and hence disallowance under section 36(1)(iii) of the Income Tax Act not justifiable.

Books cannot be rejected without showing defect in books of account maintained

May 6, 2023 1851 Views 0 comment Print

CIT(A) in his order while rejecting Books of Account does not specify defect in record. The basis of rejection appears to be best judgment of assessment

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