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Profit estimation by AO cannot be arbitrary or without any basis

May 2, 2025 1866 Views 0 comment Print

ITAT Hyderabad held that profit estimation cannot be arbitrary or without any basis. Accordingly, estimation of profit @6% on total contract receipts is reduced to 4%. Accordingly, appeal of the assessee allowed.

ITAT Allahabad Allows Withdrawal of Penalty Appeal Due to Vivad Se Vishwas Settlement

May 2, 2025 1416 Views 0 comment Print

ITAT Allahabad allows Priti Mishra to withdraw appeal against penalty u/s 270A after opting for Vivad Se Vishwas Scheme 2024. Appeal dismissed as withdrawn following tax payment and Form 3 issuance.

ITAT Remands Case for AO’s Failure to Consider Cash Withdrawals, Rule 6DD, Agri Income

May 2, 2025 561 Views 0 comment Print

ITAT Cochin remands Joy Thomas’s tax case back to AO, citing failure to consider cash withdrawals, Rule 6DD exceptions, & agricultural income claim in faceless assessment.

Reassessment order u/s. 148A(d) beyond scope of notice is not sustainable: Delhi HC

May 2, 2025 1095 Views 0 comment Print

Delhi High Court held that reassessment order passed under section 148A(d) of the Income Tax Act beyond the scope of notice issued under section 148A(b) of the Income Tax Act is not sustainable and liable to be set aside.

No Penalty for Audit Delay Due to Partner Death: ITAT Cochin

May 2, 2025 558 Views 0 comment Print

 ITAT Cochin deletes penalty under Section 271B for delayed tax audit, citing the demise of the managing partner as a reasonable cause and following Kerala HC precedent.

Service tax exempt on sale of flat subsequent to date of issue of occupancy certificate

May 2, 2025 915 Views 0 comment Print

CESTAT Mumbai held that service tax on construction of complex/building is exempt when there is sale of flat subsequent to date of issue of occupancy certificate from competent authority. Accordingly, appeal of revenue dismissed.

Conflicting Departmental Views on Service Taxability Nullify Allegation of Suppression

May 2, 2025 579 Views 0 comment Print

CESTAT Delhi held that there cannot be suppression or wilful concealment with intent to evade payment of duty since two departmental authorities have differed themselves on the taxability of the services under a specific category.

ITAT Delhi Recalls Ex Parte Orders Citing Director’s Sudden Absence as Sufficient Cause

May 2, 2025 855 Views 0 comment Print

ITAT Delhi permits the recall of its ex-parte order against Medsave Health Insurance TPA, citing sufficient cause for non-appearance due to director’s absence.

Telecom Towers & Pre-fabricated Buildings Qualify as Capital Goods for ITC: Rajasthan HC

May 2, 2025 693 Views 0 comment Print

Rajasthan High Court rules telecom towers and pre-fabricated buildings are capital goods, eligible for GST/CENVAT input tax credit, citing Supreme Court precedent.

Kerala HC Directs CIT to Expedite Section 154 Rectification Petition

May 2, 2025 414 Views 0 comment Print

Kerala HC directs Income Tax Commissioner to decide Unitac Energy’s Section 154 rectification petition within three months.

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