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Judiciary

No addition u/s 68 of ₹2.30 Crore as assessee had duly discharged burden of proof of share transactions

October 23, 2024 1008 Views 0 comment Print

Assessee was a private limited company registered as a non-banking finance company (NBFC) with the RBI, engaged in providing loans, advances, and dealing in shares and securities.

Raising interest in insolvency petition without prior intimation to corporate debtor untenable

October 23, 2024 597 Views 0 comment Print

The present Company petition is filed on 27/07/2023, under section 9 of the Insolvency and Bankruptcy Code, 2016, r/w. Rule 6 of the I&B (Application to Adjudicating Authority) Rules 2016, by JANUS GBAC LIMITED.

Cash deposit during demonetization accepted as per circular no. 3 of 2017: ITAT Surat

October 23, 2024 3354 Views 0 comment Print

The case of the assessee was selected for scrutiny for the reasons of cash deposit during the demonetization. During assessment, AO noted that assessee have made cash deposit of Rs.10,50,000/- in his bank account.

Addition u/s. 68 not sustained in absence of any unexplained amount in bank statement: Gujarat HC

October 23, 2024 1005 Views 0 comment Print

The petitioner is a legal heir of late Mahasukhlal Navnidhlal Parekh who filed the original return of income for the Assessment Year 2015-16 on 31.08.2015. Late Mahasukhlal Navnidhlal Parekh expired on 30.09.2019.

Ex-parte order confirming addition remanded back as major cash deposits were prior demonetization

October 23, 2024 585 Views 0 comment Print

ITAT Surat held that addition on account of cash deposit during demonetization confirmed by both AO and CIT(A) by passing ex-parte order. However, majority of cash deposits are prior to demonetization period. Hence, matter remanded back for fresh verification.

Calcutta HC Allows 10% Pre-deposit for GST Appeals Amid Tribunal Delay

October 23, 2024 1419 Views 0 comment Print

Calcutta HC permits 10% pre-deposit for GST appeal stay due to delay in tribunal constitution, providing relief to taxpayers until tribunals are established.

Show cause notice u/s. 148A in the name of deceased person untenable: Kerala HC

October 22, 2024 1128 Views 0 comment Print

Kerala High Court held that show cause notice u/s. 148A in the name of deceased person untenable. Accordingly, writ petition allowed with direction to issue fresh notice under section 148A (b) of the Income Tax Act.

No liability of TDS u/s 194 I if revenue was shared with Franchise without rendering of actual services

October 22, 2024 1647 Views 0 comment Print

Assessee was engaged in the business of slimming and beauty services. During assessment proceedings, AO observed that assessee was carrying substantial credit balances as current liabilities under the head ‘Advance from customers’.

Disallowance of expense impermissible as it is not claimed in P&L: ITAT Surat

October 22, 2024 948 Views 0 comment Print

ITAT Surat held that when any expense is not claimed, no disallowance is permissible. Accordingly, disallowance u/s. 43B on account of unpaid service tax not warranted as the same is not claimed as deduction in P&L account.

Non-payment of tax under Income Declaration Scheme cannot change character of income declared

October 22, 2024 1434 Views 0 comment Print

However, the assessee did not comply with the notices issued and therefore, AO completed the scrutiny assessment in the case of the assessee for the AY 2017-­18 as best judgment assessment U/s. 144 of the Act and passed the assessment order.

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