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Judiciary

Foreign Tax Credit eligible for taxes withheld in Japan: ITAT Mumbai

November 11, 2024 951 Views 0 comment Print

ITAT Mumbai held that services rendered by the appellant is taxable in Japan in accordance to Article 12 of the India-Japan DTAA hence Foreign Tax Credit ought to have been granted to Appellant for taxes withheld in Japan.

Deposit of 25% directed due to non-participation in adjudicating proceeding: Madras HC

November 11, 2024 435 Views 0 comment Print

Madras High Court directed depositing of 25% to be deposited via electronic cash register since petitioner failed to participate in the adjudication proceedings. Thus, matter remanded back for fresh order on merits.

Dismissal of appeal due to non-prosecution without adjudicating matter on merits unjustified: ITAT Ahmedabad

November 11, 2024 435 Views 0 comment Print

ITAT Ahmedabad held that dismissal of appeal due to non-prosecution without adjudicating the issue on merits deprives the assessee of fair opportunity of being heard hence violating the principles of natural justice.

Addition u/s. 68 remanded back with direction to file all documents explaining source of cash deposits

November 11, 2024 612 Views 0 comment Print

ITAT Mumbai held that matter regarding addition under section 68 of the Income Tax Act remanded back for fresh consideration directing appellant to file all documents/ details and supporting evidence explaining source of cash deposits.

Deduction u/s. 80P eligible to cooperative society on interest received from investment in banks

November 11, 2024 1734 Views 0 comment Print

ITAT Visakhapatnam held that the cooperative society is eligible for deduction U/s. 80P(2)(a)(i) of the Income Tax Act on the interest income received from investment in banks. Thus, appeal allowed.

Revisionary jurisdiction u/s. 263 not invocable when AO took legally plausible view: ITAT Ahmedabad

November 11, 2024 900 Views 0 comment Print

The assessee filed the return of income declaring a total income of Rs. Nil. However, AO completed the assessment u/s. 143(3) read with Section 144B determining the assessed income at Rs. 3,37,97,789/-.

AAR Decision binding on both taxpayer & department if not appeal against: Calcutta HC

November 11, 2024 789 Views 0 comment Print

According to Section 103 of the CGST Act, unless an AAR ruling is challenged through an appeal, it remains legally enforceable, limiting the scope for the issuance of further show cause notices that contradict such rulings.

Bombay HC Quashes Section 148 Proceeding, Orders De Novo Assessment

November 10, 2024 1653 Views 0 comment Print

Bombay High Court sets aside Section 148 notice in Anil Kumar Mehta vs ITO, citing procedural issues. Case remanded for fresh consideration by assessing officer.

Section 271B Penalty on Mother Dairy Agent Quashed by ITAT

November 10, 2024 2694 Views 0 comment Print

Delhi ITAT overturns penalty on ex-serviceman and Mother Dairy agent for non-audit under Section 271B, citing his limited commission income and absence of books.

ITAT quashes section 271B Penalty as Assessee’s Bank Deposits Reflect Sales for Mother Dairy, Not Own Turnover

November 10, 2024 1263 Views 0 comment Print

ITAT Delhi cancels ₹1,09,807 penalty u/s 271B for Ved Singh, acknowledging his commission-based income and reasonable belief on tax audit requirement.

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