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Judiciary

Revisionary action u/s. 263 based on factual misconception bad-in-law

March 17, 2025 480 Views 0 comment Print

ITAT Mumbai held that exercising revisionary jurisdiction under section 263 of the Income Tax Act by PCIT on the basis of factual misconception is liable to be quashed. Accordingly, appeal allowed and order u/s. 263 quashed.

Revisionary jurisdiction u/s. 263 not invocable as twin pre-conditions not satisfied

March 17, 2025 489 Views 0 comment Print

ITAT Ahmedabad held that assessment order passed u/s. 143(3) is neither erroneous nor prejudicial to the interest of revenue. Hence, revisionary jurisdiction u/s. 263 of the Income Tax Act not justifiable as twin pre-conditions not satisfied.

Voluntary Addition During Hearing is not Revising of Settlement Application: Gujarat HC

March 17, 2025 384 Views 0 comment Print

During pendency of the assessment proceedings, respondent No.1 filed application u/s. 245C(1) before the Income Tax Settlement Commission offering additional income of Rs.17 Crores for the assessment years from 2011-12 to 2017-18.

Writ dismissed as alternate and efficacious remedy available: Bombay HC

March 17, 2025 744 Views 0 comment Print

Bombay High Court held that exercising extraordinary jurisdiction under Article 226 of the Constitution of India not justified as alternate and efficacious remedy already available with the petitioner. Hence, writ petition dismissed.

Interest on Late TDS Payment Not Deductible; No Addition Without Incriminating Material: ITAT Hyderabad

March 17, 2025 891 Views 0 comment Print

Interest paid on late payment of TDS was not an expenditure wholly and exclusively incurred for the purpose of business and further it was a payment, which was in the form of tax, so it was not an allowable expenditure.

SC Clarification on Interpretational Issue Doesn’t Warrant Extended Limitation

March 17, 2025 2070 Views 0 comment Print

CESTAT Chandigarh rules that Supreme Court clarifications do not justify invoking the extended limitation period in service tax disputes. Key case insights inside.

Gold Importers to File Review Against DGFT TRQ Allocation: Delhi HC

March 17, 2025 1413 Views 0 comment Print

Pursuant to the execution of CEPA, a meeting was held at the Directorate General of Foreign Trade (DGFT) headquarters for consideration of the allocation of the bullion TRQs under the CEPA for the Financial Year 2024-25.

Section 143(2) Assessment bars Section 143(1) Summary processing: ITAT Delhi

March 17, 2025 6168 Views 0 comment Print

ITAT Delhi allows India Thermit Corporation’s appeal, ruling that scrutiny assessment under Section 143(2) bars summary processing under Section 143(1).

Reconsider 200% Penalty on Non-Generation of E-Invoice; Released vehicle on ₹10 Lakh Deposit: HC

March 17, 2025 1533 Views 0 comment Print

The Officer was directed  for fresh consideration of Penalty @200% for non-generation of an e-invoice as there was a failure on the part of the department to consider relevant GST circular No. 10/2019 dated 31.05.2019.

Gain from Land Held as Investment Rightly Treated as Capital Gain, Not Business Income: ITAT Jodhpur

March 17, 2025 2217 Views 0 comment Print

Assessee had consistently shown the plots as investments in earlier years and that the nature of income could not be determined solely based on the nature of the business for tax audit purposes.

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