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Judiciary

Assessment order passed beyond period prescribed u/s. 153 is barred by limitation

January 17, 2025 240 Views 0 comment Print

Bombay High Court held that assessment order passed after expiry of period of limitation as prescribed under section 153 of the Income Tax Act read with first proviso below explanation 1 is barred by limitation. Accordingly, petition succeeds.

Section 68 Addition without granting cross-examination opportunity untenable: ITAT Nagpur

January 17, 2025 162 Views 0 comment Print

ITAT Nagpur held that addition under section 68 of the Income Tax Act without providing an opportunity to assessee to cross-examine the person whose statement was relied upon is untenable in law and hence liable to be deleted.

Reassessment u/s. 148 based on palpably incorrect information not sustainable: Delhi HC

January 17, 2025 303 Views 0 comment Print

Delhi High Court held that initiation of reassessment under section 148 of the Income Tax Act unsustainable as based on information which is contested as palpably incorrect without examining the material giving rise to the said information.

Injunction relief can be granted by Civil Court only: Madras HC

January 17, 2025 81 Views 0 comment Print

Madras High Court held that Injunction can only be granted by the Civil Court, unless and until the said power is specifically denuded from the Civil Court and granted to any Special Court or Tribunal. The civil revision petition succeeds.

Application U/S 9 of IBC Wrongly Rejected as Financial Debt Proven: NCLAT Chennai

January 17, 2025 63 Views 0 comment Print

NCLAT Chennai held that rejection of application preferred u/s. 9 of the Insolvency and Bankruptcy Code [I&B Code] not justified since existence of financial debt arising out of business transaction established.

Addition towards unexplained cash deposit deleted as satisfactory explanation furnished

January 17, 2025 123 Views 0 comment Print

ITAT Ahmedabad held that addition towards cash deposit in bank account u/s. 69A as unexplained liable to be deleted since assessee satisfactorily explained the source. Accordingly, addition deleted.

Reconsider ITC Disallowance for Delayed Claim Under Section 16(5) GST Act: Madras HC

January 17, 2025 1089 Views 0 comment Print

Madras High Court held that disallowance of input tax credit for A.Y. 2019-2020 since claims has been lodged beyond the period prescribed under Section 16(4) of the GST Acts needs re-do by taking into account newly inserted provisions of section 16(5).

Opportunity of Being Heard Mandatory Before Finalizing Section 263 Revision

January 17, 2025 258 Views 0 comment Print

ITAT Surat held that it is mandatory to provide proper opportunity of being heard to the assessee before finalization of revisionary proceedings under section 263 of the Income Tax Act.

Presumptive Share Transfer Addition Unsustainable: ITAT Ahmedabad

January 16, 2025 129 Views 0 comment Print

ITAT Ahmedabad held that addition of short term capital gain on account of transfer of shares on presumption basis without bringing on record evidencing actual receipt of consideration cannot be sustained. Accordingly, addition deleted.

Section 68 Not Applicable for Non-Utilisation of CSR Funds: ITAT Ahmedabad

January 16, 2025 78 Views 0 comment Print

ITAT Ahmedabad held that provisions of section 68 of the Income Tax Act doesn’t apply in the matter of non-utilisation of amounts received towards Corporate Social Responsibility (CSR) activities. Thus, appeal allowed.

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