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Judiciary

CIT(A) Cannot Dismiss Appeal on Limitation After Condoning Delay: ITAT Bangalore

October 15, 2024 879 Views 0 comment Print

ITAT Bangalore rules CIT(A) cannot dismiss an income tax appeal on limitation grounds after con-doning the delay. Case remitted for fresh consideration.

ITAT Orders Fresh Adjudication After CIT(A) Issues 5 Notices in 40 Days Without Considering Form 35 Facts

October 15, 2024 492 Views 0 comment Print

ITAT directs fresh adjudication in Prakruthi Mahila Credit Society vs ITO case after 5 rapid notices were issued by CIT(A) within 40 days, disregarding Form 35 facts.

ITAT Condoned 19-Day Delay in Appeal Due to service of notices on Outdated Email

October 15, 2024 561 Views 0 comment Print

ITAT condones 19-day delay in Geetha Gopalan vs DCIT due to outdated email address and remits case to CIT(A) for fresh adjudication. Appeal allowed for statistical purposes.

Two equal time additions towards purchase suppression unwarranted: Madras HC

October 15, 2024 714 Views 0 comment Print

Madras High Court held that two equal time additions towards purchase suppression is unwarranted. Thus, two equal time additions deleted, however, addition towards purchase suppression and penalty u/s. 16(2)(d) of the Tamil Nadu General Sales Tax Act, 1959 sustained.

ITAT Remits Case Back to CIT(A) for Improper Email Notices in Tax Appeal

October 15, 2024 546 Views 0 comment Print

ITAT remits Syed Ariff’s case to CIT(A) after hearing notices were sent via email despite his request in Form 35 to avoid email communication. Fresh adjudication ordered.

Tender process for construction of Assam Type Sub-Centre Building not in accordance with law: Guwahati HC

October 15, 2024 384 Views 0 comment Print

Guwahati High Court held that tender process for construction of Assam Type Sub-Centre Building under Animal Husbandry & Veterinary Department work is not allocated in accordance with law and accordingly, directed to allocate balance of works to eligible bidders.

Assessment Order was barred by limitation u/s 153 if digital signature by NFAC was delayed beyond statutory deadline

October 14, 2024 2175 Views 0 comment Print

Signing of the assessment order was an integral part of order generation in e-assessment and the assessment proceedings conclude only after the order was digitally signed, therefore, signing of the assessment order should not be brushed aside lightly.

Filing of belated return u/s. 139(4) satisfies 1st proviso to section 201(1): ITAT Raipur

October 14, 2024 825 Views 0 comment Print

ITAT Raipur held that belated return of income filed by payee u/s. 139(4) satisfies the 1st proviso to section 201(1) of the Income Tax Act hence assessee cannot be treated as ‘assessee in default’.

Addition of difference of sales declared in P&L and cash book without providing sufficient opportunity untenable

October 14, 2024 897 Views 0 comment Print

ITAT Cuttack held that difference between the sales declared in the profit and loss account and as per the cash book entire added by PCIT without providing sufficient opportunity to reconcile the same. Thus, AO directed to examine the issue.

Claim of depreciation on metro project to collect fare being intangible asset allowed: ITAT Delhi

October 14, 2024 675 Views 0 comment Print

ITAT Delhi held that even though assessee is not the owner of the Airport Metro Express Line Project it has right to collect fare from commercial operations. Thus, depreciation is eligible on such intangible assets as per provisions of section 32(1)(ii).

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