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Judiciary

No Capital Gain Tax on Mere Development Agreement Without Possession

April 14, 2025 528 Views 0 comment Print

ITAT Pune rules mere execution of a development agreement without transfer of possession doesn’t trigger capital gains tax. Follows Bombay HC precedent.

Section 263 Revision not permissible if Section 80P deduction allowable: ITAT Pune

April 14, 2025 156 Views 0 comment Print

Janata Grahak Madhyawarti Vs PCIT-4 (ITAT Pune) Facts of the Case: The assessee, a co-operative society involved in the business of wholesale supply of consumer goods, filed its return declaring income of ₹5,50,400. The return was processed under section 143(1) of the Income Tax Act. The Assessing Officer later disallowed a deduction of ₹34,58,980 claimed under […]

Doctrine of Mutuality Prevails! Kerala HC Strikes Down GST on Medical Association Services

April 14, 2025 1050 Views 0 comment Print

Kerala HC declares provisions under CGST & KGST Acts as unconstitutional for taxing services rendered by medical associations to their members.

No addition sustains if addition based on which reasons recorded for reopening got deleted

April 14, 2025 249 Views 0 comment Print

Delhi High Court held that once addition on the basis of which reasons recorded for reopening of assessment under section 147 of the Income Tax Act has been deleted, then, other addition made are not sustainable in law. Accordingly, appeal allowed.

Financial liabilities or penal matters must not remain unresolved for years: Delhi HC

April 14, 2025 93 Views 0 comment Print

Delhi High Court held that matters having financial liabilities or penal consequences cannot be kept unresolved for years. Thus, show cause notice issued in 2013, 2014, 2015, 2016 and 2018 adjudicated vide order issued in 2024 is liable to be quashed.

Section 151A effective from 29.03.2022; jurisdiction under faceless assessment scheme not applicable prior

April 14, 2025 585 Views 0 comment Print

ITAT Kolkata held that assumption of jurisdiction to impugned assessment under faceless assessment scheme prior to 29.03.2022 when provisions of section 151A of the Income Tax Act had not come into operation is not sustainable and without jurisdiction. Accordingly, appeal of assessee allowed.

Issue of notice u/s. 143(2) after limitation period cannot be sustained: Gujarat HC

April 14, 2025 369 Views 0 comment Print

Gujarat High Court held that issuance of notice u/s. 143(2) of the Income Tax Act, after six months from the end of financial year in which return u/s. 139(1) was filed, is barred by limitation and cannot be sustained.

Advance receipt against future supply is Operational Debt: NCLT Mumbai

April 14, 2025 144 Views 0 comment Print

NCLT Mumbai held that the Advance received by the Corporate Debtor against future supply of goods is an Operational Debt. Petition u/s. 9 of Insolvency and Bankruptcy Code admitted since Corporate Debtor failed to pay operational debt.

Deduction u/s. 80G eligible even if donations are part of CSR expenditure: ITAT Mumbai

April 14, 2025 75 Views 0 comment Print

ITAT Mumbai held that deduction under section 80G of the Income Tax Act eligible towards donations, even if donations are part of Corporate Social Responsibility [CSR] expenditure. Thus, appeal of revenue dismissed.

Kerala HC Quashes GST on Club-Member Supply

April 14, 2025 5349 Views 0 comment Print

Kerala High Court declares GST amendments taxing club-member transactions unconstitutional, citing conflict with constitutional definition of supply and service.

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