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Judiciary

Section 56(2)(viib) not applicable for allotment of share at premium to existing shareholders

March 20, 2024 1278 Views 0 comment Print

Detailed analysis of the Delhi ITAT’s ruling in ACIT Vs Dhruv Milkose Pvt. Ltd., regarding the taxation of premium charged on the issue of shares to existing shareholders under Section 56(2)(viib) of the Income Tax Act.

CIT(A) Can’t dismiss Appeal U/s. 250 without Discussion on Merit: ITAT Ahmedabad

March 20, 2024 1431 Views 0 comment Print

Babubhai Ramanbhai Patel vs DCIT – Ahmedabad ITAT rules CIT(A) must discuss case merits before dismissing appeal for non-prosecution. Full analysis here.

Taxpayer possessing Tax Residency Certificate Eligible for DTAA Benefit: Kolkata ITAT

March 20, 2024 441 Views 0 comment Print

Debarghya Chattopadhaya vs DCIT – Kolkata ITAT rules taxpayer, possessing tax residency certificate and taxed in another contracting state, deserves treaty benefit u/s 90. Full analysis here.

Rule 11UA(2)(A) Doesn’t Mandate Valuation Report for NAV Method: Delhi ITAT

March 20, 2024 777 Views 0 comment Print

DCIT vs Continental Corrugators Pvt. Ltd. – Delhi ITAT rules Rule 11UA(2)(A) doesn’t require a valuation report for substantiation under NAV method for determining FMV. Full analysis here.

Assessment Order Not Sustainable If ASMT-12 Issued for Same tax Demand

March 20, 2024 1803 Views 0 comment Print

Learn about the case of Radiant Cash Management Services Ltd. vs. Assistant Commissioner (ST) at the Madras High Court, where an assessment order was challenged due to the issuance of ASMT-12.

HC Upholds Deletion of Share Capital Addition Under Section 68

March 20, 2024 477 Views 0 comment Print

Read about the Calcutta High Court’s decision to uphold the deletion of share capital addition under Section 68 of the Income Tax Act, as identity, creditworthiness, and genuineness of transactions were established.

Delhi HC Directs Decision on DVAT Act Refund Claim within 4 Weeks

March 20, 2024 210 Views 0 comment Print

Delhi High Court orders refund decision within 4 weeks for Central Herbal Expo’s claim under DVAT Act. Get insights into the judgment.

Effect of depreciation must be excluded for determining fair and true profit for purpose of TNMM: ITAT Kolkata

March 20, 2024 339 Views 0 comment Print

ITAT Kolkata held that for determining fair and true profit for the purpose of application of Transactional Net Margin Method (TNMM), it is appropriate that the effect of depreciation must be excluded.

Penalty u/s. 271B for not getting books of accounts audited not leviable as reasonable cause shown: ITAT Jaipur

March 20, 2024 1335 Views 0 comment Print

ITAT Jaipur held that assessee failed to get its books of accounts audited based on a reasonable cause. Accordingly, penalty under section 271B of the Income Tax Act for failure to get books of account audited not leviable as assessee reasonable cause shown.

Excess stock found during survey is undeclared business income and not unexplained investment: ITAT Chandigarh

March 20, 2024 909 Views 0 comment Print

ITAT Chandigarh held that excess stock found during the course of survey cannot be brought to tax under the deeming provisions of section 69B of the Income Tax Act as the same is undeclared business income and not unexplained investment.

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