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Judiciary

Non-granting of opportunity of being heard is against principle of natural justice

January 9, 2025 1575 Views 0 comment Print

Held that no opportunity was allowed to the assessee by the Ld. CIT(A) (NFAC) before passing this ex-parte order. Thus, the order passed by the CIT(A) is in gross violation to the principle of natural justice.

SC Sets Aside High Court Ruling on CIRP Proceedings

January 8, 2025 858 Views 0 comment Print

Supreme Court overturns Karnataka High Court’s order that set aside a resolution plan under CIRP citing delayed judicial intervention and adherence to IBC protocol.

Addition u/s. 68 deleted as nature and source of credit explained: ITAT Surat

January 8, 2025 786 Views 0 comment Print

ITAT Surat held that addition under section 68 of the Income Tax Act deleted since appellant has satisfactorily explained the nature and source of the credit. Accordingly, appeal allowed and addition deleted.

Non-maintainability of application u/s 7 as transaction was in nature of ‘Operational Debt’ and not ‘financial debt’

January 8, 2025 522 Views 0 comment Print

The bills so assigned to the Financial Creditors and the amounts against such bills was disbursed. In the process of transactions, the Applicants stated to have paid a sum of Rs. 2,34,17,965/- on various dates.

Interest on compensation taxable under income from other sources: ITAT Delhi

January 8, 2025 2397 Views 0 comment Print

ITAT Delhi held that the interest on compensation or on enhanced compensation cannot be considered as compensation and shall be chargeable to tax under the head income from other sources. Accordingly, appeal dismissed.

Deed of Hypothecation amounts to guarantee u/s. 5(8) of IBC: Supreme Court

January 8, 2025 1122 Views 0 comment Print

A Corporate Insolvency Resolution Process (CIRP) was initiated by the adjudicating authority (NCLT) in respect of RITL-Corporate Debtor at the instance of Ericsson India Private Limited, and the Interim Resolution Professional (IRP) was appointed.

CIRP withdrawal without application filed by applicant who initiated CIRP not allowable: NCLAT Delhi

January 8, 2025 564 Views 0 comment Print

On 21.04.2017, a Share Purchase Agreement was executed, wherein the erstwhile Directors sold their equity in favour of Accord Mediplus Pvt. Ltd. Respondent Nos.6 to 12 also resigned from the Trust on 01.09.2017.

Reassessment beyond 3 years for escaped income less than 50 Lacs impermissible: ITAT Mumbai

January 8, 2025 25353 Views 0 comment Print

ITAT Mumbai held that reopening of assessment under section 148 of the Income Tax Act beyond 3 years liable to be quashed as escaped income is less than INR 50,00,000. Thus, notice issued u/s. 148 quashed.

Placing matter on call book and taking it up after several years impermissible: Delhi HC

January 8, 2025 1023 Views 0 comment Print

In the opinion of this Court, there existed no reason for the non-adjudication of the show-cause notice and therefore this Court is of the opinion that the facts do not reveal any glaring impossibility for the Customs Department to deal with the show-cause notice.

Penalty u/s 271(1)(b) or 272A(1)(d) for initial AY was upheld and for remaining six AY’s was deleted

January 8, 2025 3687 Views 0 comment Print

Search action was carried out on residential premises of assessee. Several incriminating documents were found and seized. Assessee was issued with notice to file Income Tax Return and seeking details for seven assessment years within 5 days.

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