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Judiciary

No reassessment if AO failed to issue mandatory notice u/s 143(2) before assessment

September 21, 2024 1500 Views 0 comment Print

Where AO failed to issue a notice under Section 143(2) and proceed directly by rejecting the  return filed by assessee, the reassessment action would thus be liable to be quashed.

Reopening concluded assessment jurisdictionally not sustainable: Delhi HC

September 21, 2024 864 Views 0 comment Print

Delhi High Court held that that there was no justification for the respondents to issue notices afresh seeking to reopen the proceedings which had been concluded prior to the judgment passed in Ashish Agarwal.

Matter restored as no findings rendered on various documentary evidences: ITAT Chennai

September 21, 2024 567 Views 0 comment Print

ITAT Chennai held that no findings have been rendered on various documentary evidences furnished by the assessee. Accordingly, matter restored in view of violation of the principle of natural justice.

Addition Based Solely on Assessee’s Admission Without Evidence Not Sustainable: Rajasthan HC

September 21, 2024 951 Views 0 comment Print

Rajasthan High Court held that addition on account of bogus accommodation entries merely based on admission of assessee in absence of any corroborative evidence unjustified. Thus, addition held as unsustainable.

Section 54F Exemption Fully Allowed as Son Listed as Proforma Purchaser: ITAT Pune

September 21, 2024 1479 Views 0 comment Print

ITAT Pune held that exemption under section 54F of the Income Tax Act entirely allowed as entire amount re-invested by the assessee and name of the son taken only as a proforma purchaser.

Lease Rent from Industrial Park Property Taxable as Business Income: Madras HC

September 21, 2024 1212 Views 0 comment Print

Madras High Court held that lease rent received from letting out property in industrial park is chargeable to tax under the head ‘Income from Business’ and not under the head ‘Income from house property’.

Assessee Must Prove Identity, Creditworthiness of Loan Creditor & Genuineness of Transaction U/s. Section 68: ITAT Delhi

September 21, 2024 1335 Views 0 comment Print

ITAT Delhi held that the onus is always on the assessee to substantiate with evidence to the satisfaction of the AO regarding the identity and credit worthiness of the loan creditor and genuineness of the transaction. Matter restored to verify transaction for addition u/s. 68.

Source State’s Right to Attribute Income to a PE Based on Global Income/Loss

September 21, 2024 1464 Views 0 comment Print

Delhi High Court clarifies taxability of profits attributed to a Permanent Establishment (PE) under the India-UAE DTAA, even when global losses are incurred.

Additional Interest Under Section 244A(1A) Applicable for Refund Delays

September 21, 2024 6024 Views 0 comment Print

Tata Sons challenges incorrect interest calculation on refunds under Section 244A. ITAT Mumbai directs reassessment of refund and interest for AY 1993-94.

CCI Lacks Jurisdiction Over Patent Holder’s Actions Under Patents Act: Delhi HC

September 21, 2024 1077 Views 0 comment Print

Delhi High Court addresses Ericsson’s challenge to CCI jurisdiction over Standard Essential Patents (SEPs) and royalty claims under the Competition Act.

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