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Judiciary

Erroneous Claim without Mens Rea Not Grounds for Section 276 Proceedings under Income Tax

January 23, 2024 936 Views 0 comment Print

Karnataka High Court held that incorrect claim or erroneous claim would not amount to willful evasion. Further, mere fact of not accurate tax, not exact tax or erroneous tax would not lead to the proceedings under Section 276 of the Income Tax Act.

Surplus on redemption of treasury bills taxable under Capital Gains: ITAT Mumbai

January 23, 2024 483 Views 0 comment Print

ITAT Mumbai held that surplus on redemption of treasury bills is taxable under the head Capital Gains and not under the head ‘Profits and Gains of Business’.

CIC directing to provide RTI relating to PM CARES Fund untenable: Delhi HC

January 23, 2024 435 Views 0 comment Print

Delhi High Court held that Section 138(2) of the IT Act would prevail over Section 22 of the RTI Act. Thus, Central Information Commission (CIC) order directing to provide copies of the file notings granting the approval relating to PM CARES Fund under Right to Information (RTI) liable to be set aside.

Conspiracy being issue of fact can be proved/ disproved only during trial: Delhi HC

January 23, 2024 624 Views 0 comment Print

Delhi High Court in IAS Anil Tuteja alleged to be engaged in movement of unaccounted cash through different channels with regard to various sectors in the state of Chhattisgarh held that conspiracy is an issue of fact which can be proved or disproved only during trial.

No Income Tax Addition for Employee Acting on Directors’ Behalf: ITAT Mumbai

January 23, 2024 477 Views 0 comment Print

Read the full text of ITAT Mumbai’s order in Rohinton Homi Sanga Vs DCIT case. No income tax addition for an employee acting on behalf of company directors. Analysis and conclusion provided.

Cash Collection Discrepancies: Without Defects in Books, Addition cannot sustain

January 23, 2024 411 Views 0 comment Print

ITAT Chennai rules in favor of Mahasakthi Mills Pvt. Ltd., stating no cash credit addition when the assessee proves the genuineness of business transactions. Full order analysis.

Natural Justice Violation in Draft Assessment: Kerala HC Sets Aside Order

January 23, 2024 975 Views 0 comment Print

Kerala High Court rules failure to grant a hearing against draft assessment order violates natural justice. Read the full judgment and its impact on the assessment process.

On very first hearing date, appeal was concluded: Calcutta HC Set Aside Order

January 23, 2024 17715 Views 1 comment Print

Appellate authority passed the appellate order very first date of hearing only on one notice- Calcutta HC  Set Aside Order for Violating Natural Justice

Time Limit under GST Section 62(2) Not Mandatory for Filing Returns: Madras HC

January 23, 2024 16956 Views 0 comment Print

Explore the Madras High Court ruling in Comfort Shoe Components vs. Assistant Commissioner case. Section 62(2) time limit not mandatory for GST return filing, providing relief.

ITAT Validates Section 69A Addition: Holding Funds for Extended Period Deemed Imprudent

January 23, 2024 3609 Views 0 comment Print

Explore the ITAT Bangalore ruling in Shaon Paul vs. ITO case. Addition under section 69A upheld due to imprudent retention of a sum for a long period. Details here.

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