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Judiciary

Addition u/s. 68 deleted as nature and source of credit explained: ITAT Surat

January 8, 2025 333 Views 0 comment Print

ITAT Surat held that addition under section 68 of the Income Tax Act deleted since appellant has satisfactorily explained the nature and source of the credit. Accordingly, appeal allowed and addition deleted.

Non-maintainability of application u/s 7 as transaction was in nature of ‘Operational Debt’ and not ‘financial debt’

January 8, 2025 228 Views 0 comment Print

The bills so assigned to the Financial Creditors and the amounts against such bills was disbursed. In the process of transactions, the Applicants stated to have paid a sum of Rs. 2,34,17,965/- on various dates.

Interest on compensation taxable under income from other sources: ITAT Delhi

January 8, 2025 1563 Views 0 comment Print

ITAT Delhi held that the interest on compensation or on enhanced compensation cannot be considered as compensation and shall be chargeable to tax under the head income from other sources. Accordingly, appeal dismissed.

Deed of Hypothecation amounts to guarantee u/s. 5(8) of IBC: Supreme Court

January 8, 2025 399 Views 0 comment Print

A Corporate Insolvency Resolution Process (CIRP) was initiated by the adjudicating authority (NCLT) in respect of RITL-Corporate Debtor at the instance of Ericsson India Private Limited, and the Interim Resolution Professional (IRP) was appointed.

CIRP withdrawal without application filed by applicant who initiated CIRP not allowable: NCLAT Delhi

January 8, 2025 117 Views 0 comment Print

On 21.04.2017, a Share Purchase Agreement was executed, wherein the erstwhile Directors sold their equity in favour of Accord Mediplus Pvt. Ltd. Respondent Nos.6 to 12 also resigned from the Trust on 01.09.2017.

Reassessment beyond 3 years for escaped income less than 50 Lacs impermissible: ITAT Mumbai

January 8, 2025 21675 Views 0 comment Print

ITAT Mumbai held that reopening of assessment under section 148 of the Income Tax Act beyond 3 years liable to be quashed as escaped income is less than INR 50,00,000. Thus, notice issued u/s. 148 quashed.

Placing matter on call book and taking it up after several years impermissible: Delhi HC

January 8, 2025 453 Views 0 comment Print

In the opinion of this Court, there existed no reason for the non-adjudication of the show-cause notice and therefore this Court is of the opinion that the facts do not reveal any glaring impossibility for the Customs Department to deal with the show-cause notice.

Penalty u/s 271(1)(b) or 272A(1)(d) for initial AY was upheld and for remaining six AY’s was deleted

January 8, 2025 765 Views 0 comment Print

Search action was carried out on residential premises of assessee. Several incriminating documents were found and seized. Assessee was issued with notice to file Income Tax Return and seeking details for seven assessment years within 5 days.

No penalty u/s 114AA of the Customs Act for mis-declaration to DGFT

January 8, 2025 192 Views 0 comment Print

The alleged misdeclaration in the year of manufacture of the machinery to be imported by the appellant to the Directorate General of Foreign Trade ( DGFT ) did not fall within the purview of Section 114AA of the Customs Act, 1962.

Service tax leviable on service of looking after socio-economic and welfare matters of ex-serviceman

January 8, 2025 108 Views 0 comment Print

Kerala High Court held that services of looking after socio-economic and welfare matters of ex-serviceman by the charitable society is leviable to service tax. Accordingly, appeal dismissed the service tax leviable on the same.

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