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Judiciary

Increased income on account of voluntary TPA would be eligible for claiming deduction u/s 10AA – ITAT

January 20, 2025 834 Views 0 comment Print

On appeal CIT (A) held that disallowance u/s 10AA can be made only when the total income is enhanced by the AO or TPO. Co-ordinate bench has already decided this issue for AY 2014-15 and disallowance u/s 10AA was deleted.

No denial of registration u/s 12AB based on potential commercial activity in the future

January 20, 2025 537 Views 0 comment Print

CIT(E) was not justified in denying assessee’s applications for final registration u/s 12AB / final approval u/s 80G as assessee had done only charitable activities till now and not undertaken any activity contemplated by object No. 2 & 3.

No addition for LTCG as property transfer u/s 2(47) required verification of buyer possession and receipt of consideration

January 20, 2025 8232 Views 0 comment Print

An amendment to the agreement on September 24, 2014, revised the terms of consideration. Assessee argued that possession of the property was never transferred as evidenced by ownership documents like the 7/12 extract and electricity bills.

AO must be satisfied that accommodation entries exist before proceeding u/s 148

January 20, 2025 1245 Views 0 comment Print

Where assessee had produced ledger accounts, AO did not have any material to substantiate that deposits aggregating ₹66,44,134/- were made in assessee’s bank account to contradict the same.

NCLT Dismisses Insolvency Petition U/s 9 of IBC by Akshay Kumar Against CueMath

January 20, 2025 5133 Views 0 comment Print

NCLT Delhi dismissed Akshay Kumar Bhatia’s insolvency plea against Cue Learn Pvt. Ltd., citing the claim did not qualify as operational debt under IBC.

Addition on grounds not forming part of reasons recorded for reopening of assessment not tenable

January 20, 2025 816 Views 0 comment Print

ITAT Ahmedabad held that addition on grounds other than grounds forming part of reasons recorded for reopening of assessment not justified. Accordingly, addition towards unexplained investment which didn’t form part of reasons liable to be deleted.

Addition set aside as construction expense inadvertently mentioned as commission expense

January 20, 2025 597 Views 0 comment Print

ITAT Pune held that addition toward unexplained expenditure is liable to be deleted since assessee inadvertently mentioned ‘commission expense’ instead of actual ‘construction expenses. Accordingly, appeal allowed.

Loan taken and repaid through banking channels cannot be added u/s. 68: ITAT Ahmedabad

January 20, 2025 2241 Views 0 comment Print

ITAT Ahmedabad held that addition towards unexplained cash credit under section 68 of the Income Tax Act not justified since loan transactions were done through banking channels and loans were repaid in short period. Accordingly, addition deleted.

Addition towards unexplained cash deposits deleted as it is part of business turnover

January 20, 2025 1398 Views 0 comment Print

ITAT Kolkata held that addition under section 69A of the Income Tax Act towards unexplained cash deposits rightly deleted since it is already part of the turnover of the business. Accordingly, appeal of revenue dismissed.

Ground not addressed by CIT(A) cannot be taken up by ITAT: Delhi HC

January 20, 2025 771 Views 0 comment Print

Delhi High Court held that ITAT cannot address the ground which remained unaddressed by CIT(A). Accordingly, matter restored back to CIT(A) to decide on the grounds that were not decided.

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