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TCS allowed to entity conducting business even if liquor license is in the name of other person: ITAT Bangalore

August 31, 2024 1305 Views 0 comment Print

ITAT Bangalore held that TCS credit is allowed to the entity conducting the business, irrespective of the fact that the liquor license was in the name of another person. Accordingly, TCS credit allowed.

Failure to conduct enquiry resulted into order being erroneous and prejudicial hence revision u/s. 263 sustained

August 31, 2024 801 Views 0 comment Print

ITAT Ahmedabad held that assessment order passed by AO without conducting adequate inquiry is erroneous and prejudicial to the interest of revenue and hence revisionary proceeding under section 263 rightly invoked by PCIT.

Trust granted one more opportunity to represent correct fact for registration u/s. 12AB of Income Tax Act

August 31, 2024 981 Views 0 comment Print

ITAT Jaipur held that with regard to the issue of registration u/s. 12AB of the Income Tax Act, the assessee require one more opportunity to represent the correct fact and produce the registration certificate under Rajasthan Public Trust Act.

Revisionary power u/s. 263 rightly invoked as AO failed to conduct proper enquiry during original assessment

August 31, 2024 540 Views 0 comment Print

ITAT Ahmedabad held that invocation of revisionary power under section 263 of the Income Tax Act sustained as AO failed to conduct proper enquiries and verifications during original assessment proceedings.

Addition not sustained in absence of incriminating material during search: ITAT Pune

August 31, 2024 594 Views 0 comment Print

ITAT Pune held that addition in respect of share capital not sustainable as no incriminating material found during course of search regarding non-genuine share capital. Accordingly, addition towards the same deleted.

Proceedings u/s. 153C should be initiated based on material found at premises of another company

August 31, 2024 1341 Views 0 comment Print

ITAT Ahmedabad held that initiation of proceedings u/s. 147 of the Income Tax Act based on material found during search of another company is untenable as proceedings should be initiated u/s. 153C and not u/s. 147.

Settlement Commission Orders Not Rectifiable Under Section 154: Madras HC

August 31, 2024 486 Views 0 comment Print

Madras HC rules Settlement Commission orders can’t be rectified under Section 154 of the Income Tax Act, upholding the principles from Brij Lal case.

Water tax and water benefit tax leviable irrespective of actual consumption by owner: Bombay HC

August 31, 2024 1641 Views 0 comment Print

Bombay High Court held that ‘water tax’ u/s. 141(1)(a) (i) and water benefit tax u/s. 140(1)(a)(ii) of the Mumbai Municipal Corporation Act is leviable irrespective of the fact whether water is actually consumed by the owner/occupier or not.

Reassessment after expiry of four years unsustainable as material fact disclosed fully: Bombay HC

August 31, 2024 1059 Views 0 comment Print

Bombay High Court held that initiation of reopening of assessment after expiry of four years from the end of relevant assessment year without failure on part of the petitioner to disclose any material fact fully and truly is unsustainable in law.

Order u/s. 263 passed on issues not covered in show cause notice untenable: ITAT Delhi

August 31, 2024 1005 Views 0 comment Print

ITAT Delhi held that order under section 263 of the Income Tax Act passed on the issues for which no show cause notice has been issued is unjustifiable and hence liable to be quashed.

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