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Judiciary

Ex-Parte ITC Disallowance Without Proper Opportunity Unsustainable: Orissa HC

June 20, 2025 615 Views 0 comment Print

Orissa High Court held that disallowance of input tax credit under GST without granting proper opportunity to substantiate the claim is not justified. Accordingly, ex-parte order passed is liable to be set aside and matter remanded back.

Section 148 Reassessment Notice to Non-Existent Firm Invalid: ITAT Jodhpur

June 20, 2025 663 Views 0 comment Print

ITAT Jodhpur held that issuance of re-assessment notice under section 148 of the Income tax Act to non-existent firm and to deceased partners is invalid issuance of notice. Accordingly, order passed thereon is liable to be quashed.

Ex-parte order by CIT(A) set aside as assessee unaware about on-going appellate proceeding

June 20, 2025 948 Views 0 comment Print

ITAT Raipur held that ex-parte order passed by CIT(A) is liable to be set aside since there were justifiable reasons for the assessee trust of having remained unaware about the on-going appellate proceedings before the CIT(A). Accordingly, matter restored back for fresh consideration.

Supreme Court Grants Bail to Vishal Agarwal in GST Case

June 20, 2025 537 Views 0 comment Print

Supreme Court grants bail to Vishal Agarwal in a case involving alleged public exchequer loss. Bail approved as chargesheet filed and evidence is documentary.

Section 68: Explaining Source of Source Funds for Unsecured Loans Not Required Pre-01.04.2023

June 20, 2025 5097 Views 0 comment Print

Delhi High Court held that that Section 68 of the Act as was in force prior to 01.04.2023, did not require the assessee to explain the source of the source of funds in case of unsecured loans. Accordingly, addition is liable to be deleted and appeal allowed.

No Addition for Deemed Rental Income on Unsold Flats Held as Stock-in-Trade for AY 2015-16

June 20, 2025 435 Views 0 comment Print

ITAT Mumbai clarifies tax on builders’ unsold inventory, stating no deemed rental income on stock-in-trade. Also addresses 80G deduction for CSR expenses, citing judicial precedents.

Unsold Flats: No Tax on Notional Rent for period Before Finance Act 2017 Amendments

June 20, 2025 969 Views 0 comment Print

Income Tax Appellate Tribunal (ITAT) Pune recently ruled that notional rent on unsold flats held as stock-in-trade by a builder cannot be taxed as business income or income from house property for the Assessment Year 2013-14. This decision predates the 2017 amendment to Section 23(5) of the Income-tax Act.

Actual Rental Income from Stock-in-Trade of Flats taxable as Business Income

June 20, 2025 666 Views 0 comment Print

Delhi ITAT allows Shivsagar Builders’ appeal, deleting additions for notional rent on inventory and clarifying taxable revenue based on contractual agreements.

Notional Rent on Unsold Flats: Section 23(5) effective from AY 2018-19

June 20, 2025 993 Views 0 comment Print

ITAT Mumbai rules on Progressive Homes’ appeal, addressing tax on unsold flats as stock-in-trade and disallowing expenses under Section 14A.

Unsold Flats are Stock-in-Trade & Not Taxable as House Property Income

June 20, 2025 531 Views 0 comment Print

ITAT Mumbai rules on Girdharilal Lulla’s appeal, asserting unsold flats are stock-in-trade, not subject to notional house property income tax.

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