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Judiciary

Matter was remanded back with respect to addition of Rs. 21.98 Lakhs as Unexplained Deposit u/s 69A

December 26, 2024 702 Views 0 comment Print

Since the reason for the delay seemed genuine, it was condoned. It was held that assessee had not given the explanation as to why assessee did not appear before AO and file the details of source of the deposits within the stipulated time.

CIT Vs Vatika Township: SC explains Retrospective Tax Law Principles

December 26, 2024 4542 Views 0 comment Print

Supreme Court clarifies the principles of retrospective taxation in CIT Vs Vatika Township, addressing the application of Section 113 of the Income Tax Act.

Financial creditor cannot sale property of personal guarantors during moratorium u/s. 96 of IBC

December 26, 2024 1884 Views 0 comment Print

NCLT Mumbai held that sale of property of personal guarantors by financial creditor under SARFAESI Act during protection of moratorium under section 96 of the IBC is invalid sale as protection of moratorium under section 96 is far greater than of section 14.

TDS credit can be allowed for receipt but only for relevant AY: ITAT Surat

December 26, 2024 981 Views 0 comment Print

The Surat Bench of ITAT allowed the appeal for statistical purpose which means that ITAT uphold the decision of CIT (A) but without any real impact on the case. It allowed TDS credit of the of Rs.4,50,000/- but in AY 2018-19 whereas it was claimed in AY 2016-17.

Matter of addition based on low net profit remanded to re-examine books of account

December 26, 2024 399 Views 0 comment Print

During the course of survey proceedings, the statement of one of the partners of the firm Mr. Zinu, was recorded, who had stated that he earns commission @ 5.5% from M/s Shapoorji Pallonji for supply of manpower.

Section 10A of IBC inapplicable when date of default predates moratorium period

December 26, 2024 966 Views 0 comment Print

This appeal arises from an order dated 09.01.2024 by the National Company Law Tribunal (NCLT), Mumbai Bench-I. The Appellant, Mr. Puneet P. Bhatia, a suspended director of Barracks Retail India Pvt. Ltd.

Order passed u/s. 263 without discussing or rebutting arguments of assessee not sustainable: ITAT Ahmedabad

December 26, 2024 603 Views 0 comment Print

PCIT was of the view that the export incentives and other income claimed by the assessee were not eligible for the exemption u/s. 10AA. PCIT was of the view that the assessee had claimed excess exemption under Section 10AA by a sum of Rs. 7,08,83,828.

Interest u/s. 234A leviable till date of payment of tax liability and not till date of filing of ITR

December 26, 2024 1851 Views 0 comment Print

ITAT Delhi held that interest under section 234A of the Income Tax Act is leviable from the first date immediately following the due date till the date of full discharge of entire tax liability. Interest u/s. 234A has no relevance of date of filing of ITR.

Non-granting of registration u/s. 12AB as objective has element of commerciality not justified

December 26, 2024 363 Views 0 comment Print

The assessee-company incorporated u/s 8 of the Companies Act, 2013 claiming to be for charitable purpose, applied to CPC for grant of provisional registration u/s 12AB and provisional approval u/s 80G, which were granted by CPC.

Disallowance due to delayed payment of employees’ contribution to PF and ESIC justified

December 26, 2024 1314 Views 0 comment Print

After the receipt of intimation, the assessee found mistake in the Tax Audit Report in which the Tax Auditor has mistakenly filled the due date of payment in column of actual date of payment and vice-versa.

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