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Judiciary

ITAT allows rectification of mistake of applying registration in Form 10AB instead of Form 10A

May 6, 2024 1242 Views 0 comment Print

Explore the Mandava Foundation vs. ITO case, where the Hyderabad ITAT condones an assessee’s mistake in registration, allowing them to rectify the error and granting regular registration.

Section 271(1)(c) penalty not automatic on mere expense Disallowance or Income Enhancement 

May 6, 2024 885 Views 0 comment Print

Tribunal ruled that mere disallowance of expenses or enhancement of returned income does not automatically warrant the imposition of penalties under Section 271(1)(c)

Bullion Purchases: LBMA Rates vs. KITCO and Reuters for ALP

May 6, 2024 288 Views 0 comment Print

ITAT considered the justification provided by the assessee, which referenced KITCO and Reuters databases for determining transaction prices. However, the Transfer Pricing Officer (TPO) argued that the London Bullion Market Association (LBMA) should be the primary source for estimating bullion trading prices.

Forging amounts to manufacturing within the ambit of Section 80IB: Delhi HC

May 6, 2024 195 Views 0 comment Print

Explore the Delhi High Court’s judgment on royalty payments by Dabur India Ltd, implications for tax deductions under Sections 80IC & 80IB, and its impact on industrial undertakings.

PCCIT sanction Required for Reopening Notice After 3 Years: Bombay HC

May 6, 2024 870 Views 0 comment Print

Impugned order and notice indicated that sanctioning authority was PCIT. However, since issuance date of both documents was beyond three years from relevant assessment year, Section 151(ii) of Act mandated that sanctioning authority should have been PCCIT.

Gross Profit Addition on Bogus Purchases should Align with Genuine Ones

May 6, 2024 807 Views 0 comment Print

ITAT held that if sales are not disputed and there is no discrepancy between purchases and declared sales, addition should be restricted to bring gross profit on alleged bogus purchases in line with other genuine purchases.

CIT(E) should examine entire trust deed in totality vis-à-vis charitable activities: ITAT Pune

May 6, 2024 327 Views 0 comment Print

The tribunal emphasized that the CIT(E) should have evaluated the entire trust deed in conjunction with the actual charitable activities conducted by the trust to determine whether it solely served the Christian community or provided benefits to the broader community.

Adhoc Disallowance on Surmises Without Rejecting Books is unsustainable

May 6, 2024 783 Views 0 comment Print

ACIT Vs Merchant Agri Global Private Limited – Detailed analysis of Mumbai ITAT’s decision regarding adhoc disallowance of expenses without rejecting books of account. Full text of the order provided.

Once tax is paid No Recovery Proceedings Against Recipient Without Inquiry with Supplier

May 6, 2024 3132 Views 0 comment Print

Discover the ruling of the Calcutta High Court in the case of Lokenath Construction Private Limited vs Joint Commissioner of State Tax/Revenue and Others, highlighting the importance of proper verification before denying Input Tax Credit.

No penalty for non-mention of dispatch address in e-way bill if no intention to evade tax

May 6, 2024 1278 Views 0 comment Print

HC held that goods mentioned in invoice and e-way bill matched; in terms of quantity and value; non-mention of dispatch address is a minor breach not inviting provisions of section 129

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