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Judiciary

Interest u/s. 12-A leviable for failure in duly depositing tax with Himachal Pradesh authorities

November 20, 2024 684 Views 0 comment Print

Himachal Pradesh High Court held that interest as per provisions of section 12-A of the Himachal Pradesh Passenger and Goods Taxation Act, 1955 leviable as petitioner didn’t deposit required tax with the authorities of Himachal Pradesh.

Additions u/s. 68 in hands of company set aside no additions made in hands of investors: ITAT Ahmedabad

November 20, 2024 1083 Views 0 comment Print

ITAT Ahmedabad held that addition u/s. 68 of the Income Tax Act towards unexplained cash credit set aside as no additions made in the hands of investors confirms genuineness of investor and hence investment cannot be stated as bogus in hands of company.

Assessment u/s. 143(3) based on material searched at third party untenable in law: ITAT Delhi

November 20, 2024 6438 Views 0 comment Print

Based on this satisfaction, a separate satisfaction note stood recorded u/s 153C of the Act in the hands of the assessee on 3.10.2022 by AO of the assessee. Hence the date of search in the case of the assessee becomes 3.10.2022 relevant to Asst Year 2023-24.

Application of cross-examination without filing of defence reply is not allowable: Madras HC

November 20, 2024 1056 Views 0 comment Print

Madras High Court held that the entertaining an application for cross-examination of the witnesses, without any reply on merits by a notice in a show cause proceeding, is to be eschewed and should not to be allowed.

Completion of construction not required for claiming benefit u/s. 54: ITAT Bangalore

November 20, 2024 1779 Views 0 comment Print

ITAT Bangalore held that exemption under section 54 of the Income Tax Act allowable based on the amount utilised towards construction of new house property where the construction is not complete.

No proceedings u/s 11A of Central Excise Act in absence of any deliberate or willful suppression

November 20, 2024 597 Views 0 comment Print

There was no deliberate intention on the part of assessee not to disclose the correct information or to evade payment of duty and as such it was not open to the Central Excise Officer to proceed to recover duties in the manner indicated in proviso to section 11A.

Development Rights were covered under definition of “Property” u/s 3(27) of IBC

November 20, 2024 1494 Views 0 comment Print

The owners entered into a Development Agreement with New India City Developers Private Limited ( Developer ) to develop a group housing project and an IT Park on the said land after obtaining the required approvals.

Husband’s critical illness: HC condone delay in Appeal Filing

November 19, 2024 891 Views 0 comment Print

Calcutta High Court quashes penalty orders under WBGST Act, 2017, over delay in filing appeal due to personal circumstances

Revision u/s. 263 justified due to lack of inquiry and total non-application of mind by AO

November 19, 2024 1125 Views 0 comment Print

Delhi High Court held that revisionary proceedings under section 263 of the Income Tax Act justified in absence of any effective inquiry and total non-application of mind by AO. Accordingly, order passed by AO erroneous and prejudicial to interest of revenue.

Rejection of Transactional Net Margin Method without reasons is not justifiable: Delhi HC

November 19, 2024 1026 Views 0 comment Print

Held that the TPO had provided no reasons whatsoever for rejecting the TNMM as the most appropriate method. Thus, the Tribunal has rightly concluded that the TPO’s decision to reject TNMM as the most appropriate method was without reasons.

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