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Judiciary

No claim could be entertained by Resolution Professional arising after commencement of CIRP

October 9, 2024 948 Views 0 comment Print

NCLT rejected the claim stating it was filed after the initiation of CIRP. Appellant filed the appeal under Section 61 of IBC to file his claims at any time before approval of the Resolution Plan by the Committee of Creditors (CoC).

Disallowance u/s 14A was computed @ 0.5% of exempt income earned based on Rule 8D(2)(iii)

October 9, 2024 687 Views 0 comment Print

Assessee challenged the disallowance before the Chennai bench of ITAT arguing that the disallowance of Rs. 134.25 crore under Section 14A was excessive and not justified because only Rs. 74.98 lakh had been spent to earn the exempt income.

Passing order blocking GST Electric Credit Ledger without considering reply unjustified: Madras HC

October 9, 2024 705 Views 0 comment Print

Madras High Court directs department to consider the reply filed by the petitioner on blocking the GST Electric Credit Ledger which was not considered by the department at the time of passing impugned order.

Alleged amount less than limitation for reopening assessment hence proceedings quashed: ITAT Ahmedabad

October 9, 2024 660 Views 0 comment Print

ITAT Ahmedabad quashed the reassessment proceedings under section 147 of the Income Tax Act as intraday profit is less than limitation of Rs. 1,00,000/- for reopening of assessment u/s. 147 of the Act.

FTC granted as Form 67 filed within extended date of filing return of income: ITAT Chandigarh

October 9, 2024 708 Views 0 comment Print

ITAT Chandigarh held that since Form 67 has actually been filed within extended date of filing the return of income hence Foreign Tax Credit (FTC) claimed by the assessee is granted.

No Sec 41(1) Addition for Non-Response from Creditors if Payments Made Later

October 9, 2024 7056 Views 0 comment Print

Analysis of Saket Agarwal Vs ITO case (ITAT Jaipur), focusing on the Rs. 3.17 Cr addition of unproved creditors and assessment under Section 41(1).

Appeal Non-Maintainable – Lower Tax Effect – Circular 9/2024: Rajasthan HC

October 9, 2024 1287 Views 0 comment Print

Rajasthan High Court dismisses CIT appeal against Satish Kumar Agarwal. Appeal non-maintainable due to CBDT Circular 9 of 2024. Tax dispute involved Section 54B & 50C.

Writ petition is maintainable if SCN is issued without jurisdiction: Allahabad HC

October 9, 2024 2622 Views 0 comment Print

Allahabad HC quashed HCL Infotech Ltd’s Show Cause Notice under CGST Act for lacking jurisdiction and necessary allegations.

Section 254 Allows ITAT to Entertain New Claims, But Power Must Be Exercised During Hearings: SC

October 8, 2024 1440 Views 0 comment Print

Supreme Court rules ITAT cannot direct AO to consider new claims barred by time, reaffirming ITAT’s plenary powers under Section 254 of the Income Tax Act.

Occasional Money Lending Doesn’t Qualify as Business Under West Bengal Money Lenders Act, 1940

October 8, 2024 1434 Views 0 comment Print

Calcutta HC ruled that isolated private loans do not require a license under the West Bengal Money Lenders Act, 1940. Case decreed for repayment with interest.

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