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Judiciary

Section 148 Reopening based on incorrect facts & reasons is invalid: ITAT Delhi

April 23, 2025 2886 Views 0 comment Print

ITAT Delhi held that reopening of assessment under section 148 of the Income Tax Act based on incorrect facts and incorrect recording of reasons is invalid and bad-in-law. Accordingly, reopening is liable to be quashed.

Penalty u/s 271(1)(c) Justified for Concealment via Bogus Share Capital: ITAT Delhi

April 23, 2025 1290 Views 0 comment Print

ITAT Delhi held that concealment of income via bogus share capital transaction duly attracts levy of penalty under section 271(1)(c) of the Income Tax Act. Accordingly, appeal of assessee dismissed and penalty upheld.

Section 153D Approval granted mechanically vitiates entire assessment: ITAT Delhi

April 23, 2025 858 Views 0 comment Print

ITAT Delhi held that approval memo u/s. 153D of the Income Tax Act is totally silent on the issues involved and has been granted omnibus approval without any thoughtful process being discernible. Thus, assessment order vitiated due to such mechanical approval.

Interest & penalty under GST not justified as wrongly availed ITC not utilised

April 23, 2025 1935 Views 0 comment Print

Madras High Court held that imposition of interest and penalty unwarranted as Input Tax Credit wrongly availed is reversed without utilization. Accordingly, since Input Tax Credit is not utilised, interest and penalty is not justified.

Section 115JB not applicable to banking companies: ITAT Bangalore

April 23, 2025 654 Views 0 comment Print

ITAT Bangalore exempts Canara Bank from MAT, citing Delhi HC rulings on non-applicability of Section 115JB to banking companies before 2012 amendment.

Corporate Debtor Liquidation Justified as CoC Abstains from Resolution Plan Vote

April 23, 2025 795 Views 0 comment Print

Thus, we do not find any error in the impugned order for the purpose of interference, therefore, the present appeal is found to be without any merit and the same is hereby dismissed though without any order as to costs.

Revision u/s. 263 post approval of resolution plan not tenable: Gujarat HC

April 23, 2025 897 Views 0 comment Print

Gujarat High Court held that initiation of revisionary proceeding under section 263 of the Income Tax Act post complete extinguishment of all tax liabilities of Corporate Debtor upon approval of resolution plan is not tenable in law. Thus, notice u/s. 263 quashed.

Bombay HC Criticizes ITAT for Delayed Order, Restores Rectification Plea

April 23, 2025 2469 Views 0 comment Print

Bombay High Court criticizes ITAT for delayed order, sets aside rejection of Otters Club’s rectification plea, citing ITAT Rules violation.

Section 263 cannot be invoked When AO Conducts Reasonable Inquiry: SC Affirms

April 23, 2025 1878 Views 0 comment Print

Revisional powers under Section 263 cannot be exercised when AO has already conducted reasonable inquiries and taken a plausible view: SC

No GST on Immovable Property Sale Without Construction Service: Karnataka HC

April 22, 2025 10047 Views 0 comment Print

Karnataka High Court directs GST refund for Rohan Corporation’s mall purchase, stating sale of immovable property without construction service is not taxable.

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