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Judiciary

Addition of income which has escaped assessment sustained even if not specifically mentioned in re-opening order

April 5, 2025 156 Views 0 comment Print

Guwahati High Court held that AO can make addition of any other income which has escaped assessment but discovered during re-opening process even if the same is not specifically mentioned in re-opening order.

CIT(E) cannot reject application for registration u/s. 80G(5)(iii) in hyper technical manner

April 5, 2025 177 Views 0 comment Print

ITAT Delhi held that CIT(E) has rejected application for registration u/s. 80G(5)(iii) of the Income Tax Act without giving cogent reason by disposing the matter in hyper technical manner without discussing on merits is not tenable in law.

Notice not stating specific limb of Sec. 271(1)(c) cannot be sustained: ITAT Raipur

April 5, 2025 603 Views 0 comment Print

ITAT Raipur held that penalty u/s. 271(1)(c) of the Income Tax Act is liable to be struck down for the failure on the part of the A.O. to put the assessee to notice as regards the default for which penalty under Sec. 271(1)(c) was sought to be imposed.

Interest disallowance not justified if commercial expediency exists in giving interest free advances

April 5, 2025 264 Views 0 comment Print

ITAT Mumbai held that disallowance of interest expenditure attributable to interest-free advances not justified since sufficient interest free funds available and also there existed commercial expediency in giving interest free advances. Accordingly, appeal of revenue dismissed.

ITAT Bangalore deletes Section 69 additions citing presumptive Section 44AD taxation

April 5, 2025 9702 Views 0 comment Print

ITAT Bangalore deletes additions under Section 69 citing presumptive taxation under Section 44AD and lack of supporting evidence by the AO.

Arbitrary Addition based on mobile images without corroborative evidence unjustified

April 5, 2025 4053 Views 0 comment Print

ITAT Chandigarh deleted additions made by AO for alleged undisclosed land investment based on uncorroborated mobile images in Harvinder Kaur case.

ITAT Surat Deletes Section 271(1)(c) Penalty on Estimated Purchase Addition

April 5, 2025 3387 Views 0 comment Print

ITAT Surat rules penalty under Section 271(1)(c) not sustainable where income addition is based on estimation of bogus purchases.

Signed Blank Cheque Issued Towards Payment Attracts Section 138 NI Act Provisions: SC

April 5, 2025 74094 Views 0 comment Print

SC held that a duly signed cheque, even if filled by someone other than drawer, can invoke Section 138 of Negotiable Instruments Act. A voluntarily signed blank cheque given towards a payment carries presumption under Section 139 unless rebutted with strong evidence.

Statutory Time Limits Must Be Respected; No Extension Without Justified Reasons

April 5, 2025 1290 Views 0 comment Print

Delhi High Court dismisses B.U. Bhandari firm’s plea for late ITR filing; vague medical grounds and lack of evidence cited for rejecting Section 80IB benefit.

Compensation Must Not Be Whimsical or Result in Unjust Windfall: SC

April 5, 2025 567 Views 0 comment Print

Supreme Court rules in Batliboi v HPCL that arbitral damages must reflect actual loss, not be a windfall. Discusses formulae flaws & public policy review pre-2016.

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