The ITAT deleted the disallowance under Section 36(1)(va) for a one-day delay in depositing employees PF contribution. The ruling held that the delay was due to a technical failure of the EPFO portal, not the taxpayers fault, successfully invoking the doctrine of impossibility over the strict ruling in Checkmate Services.
The ITAT confirmed that even where technical jurisdiction exists (i.e., abated years), high-pitched additions must be examined on substantive merits, finding the AOs reliance on conjecture and arbitrary estimations unsustainable. This judgment serves as a strong precedent that mere jurisdiction under Section 153A doesn’t grant a license for evidence-less or double taxation.
The ITAT restored the Section 11 exemption, ruling that the Diamond Bourse’s cost-recovery activities are purely facilitative and do not constitute “trade, commerce, or business” under the restrictive proviso to Section 2(15). The Tribunal held that genuine General Public Utility (GPU) organizations operating on a non-profit, cost-recovery basis are not affected by the amendment.
The ITAT set aside a CIT(A) order that allowed a Section 54B capital gains exemption, because the CIT(A) copied a co-owners case ruling without independently verifying the factual evidence of agricultural use. The Tribunal reiterated that the burden to prove agricultural use rests on the assessee and remanded the matter for a fresh, reasoned decision based on factual findings.
The ITAT upheld the disallowance of delayed employee contributions to PF/ESIC, ruling that the Supreme Courts Checkmate Services judgment is retrospective unless explicitly stated otherwise by the SC itself. The Tribunal confirmed that the doctrine of prospective overruling cannot be invoked by the assessee, as the ruling merely interprets the law as it always existed.
NCLT Kolkata held that application under section 7 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency Resolution Process [CIRP] against Gupta Power Infrastructure Limited [Corporate Debtor] admitted for default of Rs. 2888 Crore.
ITAT Raipur held that since order passed by Pr. CIT u/s. 263 is quashed the addition made by AO u/s. 143(3) r.w.s 263 does no more survive. Therefore, appeal of the assessee allowed and addition made by AO liable to be quashed.
NCLAT Delhi held that remote access to ERP to directors being engaged in competing business cannot be denied unless there is tangible evidence of misuse of company information by such directors. Accordingly, appeal stand disposed.
NCLT Mumbai held that application under section 7 of the Insolvency and Bankruptcy Process for initiation of Corporate Insolvency Resolution Process [CIRP] against Wind World (India) Infrastructure Private Limited [Corporate Debtor] admitted since Financial Creditors have proved existence of debt and default.
Madras High Court held that petitioner has placed on record sufficient evidence proving financial capability of partners for capital contribution. Accordingly, order set aside and matter remanded back for reconsideration.
