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Judiciary

Order passed without considering adjournment application: ITAT Remands Case for Rehearing

January 11, 2025 351 Views 0 comment Print

ITAT Ahmedabad remands Ashadeep Industries vs. ITO for rehearing, emphasizing procedural fairness and opportunity to be heard under natural justice principles.

Dept Cannot Initiate Proceedings Based on Delayed Section 41(4) OVAT Audit Report: Orissa HC

January 11, 2025 198 Views 0 comment Print

Orissa High Court rules that delayed audit reports under Section 41(4) of the OVAT Act cannot justify subsequent proceedings, setting aside related assessments.

Department needs to prove un-printed sheets of Taiwanese origin for levy of anti-dumping duty

January 11, 2025 141 Views 0 comment Print

CESTAT Ahmedabad held that department imposed anti-dumping duty on un-printed sheets treating it to be Taiwanese origin, hence burden of proof lies on department to establish the same. In absence of any proof, demand cannot be sustained.

Claim u/s. 80IC allowed as establishment exists in eligible area: ITAT Ahmedabad

January 11, 2025 132 Views 0 comment Print

ITAT Ahmedabad held that inadvertent mentioning of wrong area in Form 10CCB resulted into denial of claim u/s. 80IC. Thus, clam allowed since it is proved that establishment of assessee exists in eligible area. Accordingly, appeal allowed.

Directs CIT(A) to decide denial of FTC with other pending appeal of same assessment year: ITAT Ahmedabad

January 11, 2025 285 Views 0 comment Print

ITAT Ahmedabad directs CIT(A) to decide the denial of Foreign Tax Credit (FTC) due to delay filing of Form No. 67 to be decided with other pending appeal of the same assessment year. Accordingly, matter remitted to CIT(A).

Mandap Keeper Services Not Taxable as Support Services: CESTAT Ahmedabad

January 11, 2025 198 Views 0 comment Print

CESTAT Ahmedabad rules that Mandap Keeper Services by Ahmedabad Municipal Corporation are non-taxable, covered under the negative list, and not support services.

ITAT Kolkata Remands Case on Unexplained Income for Fresh Adjudication

January 11, 2025 336 Views 0 comment Print

ITAT Kolkata remands unexplained income case involving a mother-son transaction back to CIT(A) for fresh adjudication, citing incomplete compliance and evidentiary gaps.

Cost of Improvement to Make House Livable Eligible for deduction from Capital Gains

January 11, 2025 4215 Views 0 comment Print

ITAT Ahmedabad rules that cost of improvement to make a house livable qualifies for capital gains deduction. Penalty on disallowed expenses also canceled.

Addition towards unaccounted purchases restricted to 12.5% instead of 25%: ITAT Surat

January 11, 2025 444 Views 0 comment Print

ITAT Surat held that disallowance of unaccounted purchases restricted to 12.5% of purchases instead of 25% as held by CIT(A). Accordingly, addition towards unaccounted purchases restricted.

ITAT deletes Addition, Applying retrospective Section 56(2)(x)(b) 10% Safe Harbour Limit

January 11, 2025 738 Views 0 comment Print

ITAT Kolkata deletes ₹19.6 lakh addition for AY 2018-19, citing the retrospective application of the 10% safe harbour limit as a curative amendment under the Income Tax Act.

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