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Judiciary

No addition with regard to closing balance of old loan can be made u/s. 68: ITAT Surat

November 26, 2024 1731 Views 0 comment Print

CIT(A) confirmed the addition to the extent of Rs.1.42 crores and remaining addition of Rs.3.35 crores, which was closing balance of loans were deleted. Further aggrieved, the revenue has filed present appeal before the Tribunal.

Addition u/s. 69A sustained since assessee remained non-compliant: ITAT Ahmedabad

November 26, 2024 2085 Views 0 comment Print

During the course of assessment proceedings, AO noticed that there was cash deposit of Rs. 36,48,000/- and credit entries of Rs. 21,93,269/-. AO observed that inspite of repeated reminders, assessee failed to submit the reply.

HC dismisses GST Refund Claim: Importance of Clear Contracts & Challenging Orders

November 26, 2024 1218 Views 0 comment Print

Chhattisgarh High Court dismisses GST refund claim by Kunal BSBK JV, highlighting issues with contract terms and unchallenged earlier orders.

Amount transferred to statutory reserve as per RBI Act not deductible from assessable income

November 25, 2024 2145 Views 0 comment Print

Present appeal has been filed by the appellant mainly contesting that whether the Tribunal was right in holding that there has been no diversion of income by overriding charge in respect of amount transferred to Statutory Reserve Fund in compliance with the mandatory provisions of Sec.45IC read with Sec. 45Q of RBI Act.

NFAC and Jurisdictional Assessing Officer hold concurrent jurisdiction: Delhi HC

November 25, 2024 5727 Views 0 comment Print

In Sanjay Gandhi Memorial Trust v. Commissioner of Income Tax (Exemption), the Court concluded that, while the faceless system centralizes case handling through the NFAC, this framework does not completely replace or nullify the JAO‘s role.

Resolution Professional not allowed to pay pre-CIRP dues outside resolution framework: NCLAT Delhi

November 25, 2024 1404 Views 0 comment Print

The Appellant had filed appeal seeking direction against the Secretary, Ministry of Coal-Respondent No.1 and Coal Controller-Respondent No.2 not to withdraw the mine opening permission in respect of Marki Mangle – I Coal Block.

Premium amount or lease rent is not part of section 14(1)(d) of IBC: NCLAT Delhi

November 25, 2024 1077 Views 0 comment Print

M/s Concord Infrastructure Pvt. Ltd. (Operational Creditor) filed an application u/s. 9 of the Insolvency and Bankruptcy Code, 2016 before the Adjudicating Authority against M/s Shubhkamna Buildtech Pvt. Ltd. (Corporate Debtor) which was admitted on 26.11.2018.

Mere Disagreement Doesn’t Justify invocation of Section 263 Revision Power: Madras HC

November 25, 2024 1098 Views 0 comment Print

Madras High Court held that issue relating to pre-closure premium was already considered and allowed by the assessing authority. Thus, invocation of revisionary power u/s. 263 for mere disagreement with the view of the assessing authority is unjustified in law.

Section 115BAB benefit allowed if commencement of manufacturing for subsequent year proved

November 25, 2024 1974 Views 0 comment Print

ITAT Hyderabad held that benefit of section 115BAB of the Income Tax Act granted even if Form 10ID filed prior to commencement of manufacturing activity, if assessee proves the commencement of manufacturing for the subsequent assessment year.

Customs Act Cannot Be Amended via mere Press Release: SC

November 25, 2024 1509 Views 0 comment Print

Supreme Court held that press release cannot be the basis of changing the law. Exemption under the Customs Act has to be via issuance of notification as provided by the Customs Act. Thus, press release cannot be basis for giving away with old legal regime.

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