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Judiciary

Provident fund applies to payment of retention allowance to seasonal employees: Bombay HC

December 3, 2024 837 Views 0 comment Print

These orders arises out of demand notice dated 3/3/2011 issued by respondent no.2 calling upon the Federation to pay an amount of Rs.14,21,145/- and to deposit the same to the credit of respective EPF accounts of the employees of the Federation.

Grant-in-aid incurred wholly and exclusively for business is deductible: ITAT Delhi

December 3, 2024 747 Views 0 comment Print

ITAT Delhi held that grant-in-aid incurred wholly and exclusively for the purpose of business is allowable as deduction. Accordingly, appeal is allowed and addition of the same by AO is liable to be deleted.

SC Justifies Termination for Employee’s Long Absence Without Notice

December 3, 2024 3528 Views 0 comment Print

Supreme Court held that employee remaining absent from duty for 90 days without intimating employer and employee not responding to notice addressed to delinquent justifies employer action of terminating employee by treating as abandonment of service.

Inordinate Delay in SCN Adjudication Violates Natural Justice Principles: Bombay HC

December 3, 2024 1884 Views 0 comment Print

Petitioners sought for an adjournment requesting relevant papers to examine the legality of the personal hearing notice. Respondent No.3 furnished documents most of which were handwritten and illegible.

Addition u/s 41(1) Upheld as Liability Ceased When Amount Written Off by Borrower

December 3, 2024 1341 Views 0 comment Print

When the person from whom the amount was borrowed has written off the amount in his accounts, the liability ceased to exist. As there was cessation of liability, the same cannot be part of sundry creditors of the assessee.

Additions on grounds not part of reasons recorded for reopening assessment is unsustainable

December 3, 2024 2865 Views 0 comment Print

The assessee filed its original return of income which was taken for scrutiny assessment and regular assessment order under section 143(3) of the Act was passed on 29-12-2011.

Reopening assessment u/s. 147 void-ab-initio as issue already dealt in original assessment

December 3, 2024 1518 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment u/s. 147 on the issue which is already dealt in the original assessment void ab initio and bad in law since no new fresh material was pointed out at the time of reopening of assessment.

Non-granting of personal hearing even after specific request by assessee not justified

December 3, 2024 1266 Views 0 comment Print

In my view, having regard to the facts and circumstances, the statutory authority was bound to afford a personal hearing to the petitioner through video conferencing as mentioned above. The result of this infraction would be that the impugned orders will have to be set aside.

Importer cannot challenge enhanced value post acceptance of the same: CESTAT Chennai

December 3, 2024 540 Views 0 comment Print

CESTAT Chennai held that when an importer has voluntarily accepted the enhanced value without any protest then he is precluded from challenging the same. Thus, order upheld to the extent of duty demand. Whereas, confiscation, fine and penalty set aside.

Interest received from co-operative bank deductible u/s. 80P: ITAT Ahmedabad

December 3, 2024 504 Views 0 comment Print

Re-assessment was completed u/s 143(3) r.w.s 147 of the Act on 29.06.2019 and the deduction of Rs.24,48,040/- claimed u/s 80P in respect of interest income from The Sabarkantha District Cooperative Bank Ltd. was disallowed by the AO.

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