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Judiciary

Addition Treating LTCG as Bogus Based on Assumptions Not Sustained

April 17, 2025 2820 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act by treating LTCG as bogus merely on the basis of assumption and conjecture is not sustainable in law since purchase and sale of shares were made via banking channel.

Mere book entries & AIR data insufficient for additions: ITAT Mumbai

April 17, 2025 1272 Views 0 comment Print

ITAT Mumbai rules in Farhat Yusuf Shaikh case—book entries and AIR data alone not enough to justify additions under Sections 68 and 69 of the IT Act.

Section 270A Penalty Unjustified Due to Lack of Tax Evasion Intent: ITAT Pune

April 17, 2025 1557 Views 0 comment Print

ITAT Pune held that non-inclusion of disallowance u/s. 43B while filing income tax return is bona fide and inadvertent error. Accordingly, imposition of penalty under section 270A for bona fide mistake without intent to evade payment of tax is not justifiable.

Section 263 Revision Unjustified as Assessment Not Erroneous or Prejudicial to Revenue

April 17, 2025 1395 Views 0 comment Print

ITAT Ahmedabad held that revisionary proceedings under section 263 of the Income Tax Act not invocable as assessment made by AO after proper verification of evidences. Further, assessment order is neither erroneous nor prejudicial to interest of revenue.

Adjudicating Authority Can’t Solely Rely on Resolution Professional’s Report: NCLAT Delhi

April 17, 2025 597 Views 0 comment Print

NCLAT Delhi held that adjudicating authority, not solely relying on the resolution professional’s report, needs to conduct an independent assessment under section 100 of the Insolvency and Bankruptcy Code, 2016.

Bombay HC Quashes GST Demand on Fees Collected by Goa University

April 17, 2025 2187 Views 1 comment Print

Bombay HC rules GST not applicable to Goa University’s affiliation, prospectus, migration fees, deeming them non-commercial statutory charges.

SC Directs Courts & Registrars to Report ₹2 Lakh+ Cash Payments to IT Dept

April 17, 2025 11517 Views 1 comment Print

SC directs all courts to report cash claims of ₹2L+ to Income Tax Dept under Sec 269ST for scrutiny, in judgment involving R.B.A.N.M.S. Trust dispute.

Scrutiny of Additions Based on Seized Documents Remanded for Re-Examination

April 17, 2025 720 Views 0 comment Print

The JDA was signed between one Mr. U.K. Hasanabba and Mr. U. Ibrahim on one side as landowners and Mr. Abdul Khader K (on behalf of the assessee) and Mr. K. Hussain Abbas (on behalf of the HNGC Builders and Developers).

Duty drawback demand post approval of resolution plan not tenable: Bombay HC

April 17, 2025 474 Views 0 comment Print

Bombay High Court held that demand in respect of the duty drawbacks post approval of resolution plan is liable to be waived off in terms of section 31A of the Insolvency and Bankruptcy Code, 2016. Accordingly, writ stand allowed.

Provisions of section 40A(3) inapplicable as income assessed by applying G. P. rate

April 17, 2025 642 Views 0 comment Print

ITAT Raipur that where the income of the assessee has been computed by applying a gross profit rate, there is no need to look into the provisions of Section 40A(3) of the Income Tax Act as gross profit rate takes care of expenses otherwise than by way of crossed cheque.

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