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Judiciary

Deduction u/s. 36(1)(viia) is distinct from deduction u/s. 36(1)(viia): Bombay HC

October 14, 2024 2766 Views 0 comment Print

Bombay High Court held that the deduction on account of provision for bad and doubtful debts u/s. 36(1)(viia) of the Income Tax Act is distinct and independent of the provisions of section 36(1)(vii) of the Income Tax Act relating to allowance of the bad debts.

Addition towards undisclosed income purely based on post-dated cheques not sustained: ITAT Delhi

October 14, 2024 813 Views 0 comment Print

ITAT Delhi held that addition towards undisclosed income merely on the basis of conjectures cannot be sustained in the eye of law. Further, also held that addition purely based on post-dated cheques cannot be sustained.

Confiscation of 3 out of 10 alleged Foreign-Origin Gold Bars was set aside on failure to prove defacement

October 14, 2024 984 Views 0 comment Print

Since there was no infirmity on the behalf of the investigation agencies in invoking confiscation under section 123 of the Customs Act, 1962 in respect of seven gold bars bearing foreign markings out of the ten bars seized.

Partnership firm not doesn’t qualify as personal guarantor hence insolvency proceedings u/s. 95 of IBC unjustified

October 14, 2024 1332 Views 0 comment Print

NCLT Hyderabad held that partnership firm are not included under the definition of personal guarantor covered under section 5(22) of the IBC, 2016. Accordingly, insolvency proceedings u/s. 95 of IBC against partnership firm cannot be initiated.

Reassessment u/s. 148 based on mere change of opinion impermissible: Gujarat HC

October 14, 2024 1179 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 148 of the Income Tax Act on mere change of opinion is not permissible in law. Accordingly, petition allowed and reassessment notice quashed.

Reopening of assessment based on mere change of opinion unsustainable: ITAT Delhi

October 14, 2024 759 Views 0 comment Print

ITAT Delhi held that mere change of opinion would not confer jurisdiction upon the Assessing Officer to reopen proceedings without anything further. Thus, reopening of assessment under section 147 of the Income Tax Act set aside.

Ex-parte orders and initiation of recovery proceedings against deceased person unjustified: Madras HC

October 14, 2024 981 Views 0 comment Print

Madras High Court held that ex-parte orders issued in the name of deceased person and initiation of recovery proceedings against the deceased person is against the principles of natural justice and hence is liable to be set aside.

Reassessment u/s. 148 based on cryptic reasons and mechanical approval quashed: ITAT Delhi

October 14, 2024 1344 Views 0 comment Print

ITAT Delhi held that the issuance of notice u/s. 148 based on cryptic reasons combined with a mechanical approval of the Pr.CIT u/s. 151 of the Income Tax Act do not pass the test of judicial scrutiny. Thus, reassessment quashed.

Adhoc addition based on guess-work and surmises untenable: ITAT Delhi

October 14, 2024 2178 Views 0 comment Print

AO after providing due opportunity to the assessee, made addition of INR 3,74,08,810/- on the basis that the assessee could not explain and produce books of accounts alongwith supporting evidences.

GST demand alleging suppression of sale based on power consumption not sustained: Madras HC

October 14, 2024 1539 Views 0 comment Print

Madras High Court held that allegation of suppression of sale based on consumption of power not sustained since EB units consumed are not directly linked with sales and reasons for difference in turnover duly explained.

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