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Judiciary

Section 12A Registration denial: ITAT grants one more opportunity to Appellant

August 29, 2023 1812 Views 0 comment Print

ITAT Mumbai decides on Kalyan Riverside Charitable Foundation’s registration under sections 12 & 80G. Key insights on the ITAT’s decision and implications.

ITAT Rejects Tax Dept Appeal for Invalid Reassessment Approval

August 29, 2023 435 Views 0 comment Print

Review of ITAT Delhi’s decision in ITO Vs Soumya Tradecom Pvt Ltd case, highlighting lack of valid approval in reassessment proceedings. Key takeaways.

Non-deduction of TDS: ITAT allows appellant to submit CA Certificate

August 29, 2023 411 Views 0 comment Print

Analysis of ITAT Chandigarh’s order allowing the submission of a CA certificate regarding non-deduction of TDS by the State Council for Science, Tech & Environment.

Granting one day time to furnish reply against notice issued unjustified

August 28, 2023 3333 Views 0 comment Print

Gujarat High Court held that notice issued just two days before expiry of limitation and giving only one day time to provide the defence reply is unjustified as petitioner is not granted reasonable opportunity of being heard.

Addition based on statements alone without any other corroborative evidence unsustainable

August 28, 2023 1401 Views 0 comment Print

ITAT Delhi held that addition primarily on the basis of statements alone and no other corroborative evidence and that too without giving assessee an opportunity to cross examine the said persons is unsustainable in law and liable to be set aside.

Initiation of CIRP u/s 9 unsustainable as dispute existed prior to issue of demand notice

August 28, 2023 612 Views 0 comment Print

NCLAT Delhi held that initiation of CIRP under section 9 of the Insolvency Bankruptcy Code, 2016 unsustainable as dispute regarding credit/refund of the service tax amount existed prior to the issue of demand notice under section 8.

Application under CPC Order IX Rule 13 maintainable if defendant hasn’t provided evidence

August 28, 2023 36777 Views 0 comment Print

In present facts of the case, it was observed that an application under Order IX Rule 13 of Civil Procedure Code for setting aside exparte decree would be maintainable as evidence of the defendants was not even started and the defendants’ counsel had not even cross-examined the plaintiff’s evidence.

No Addition u/s 68 if Amount not appear in Books of accounts: ITAT

August 28, 2023 2718 Views 0 comment Print

ITAT Delhi rules no addition under Section 68 if the amount isn’t in books of account. Balaji Tirupati Buildcon Ltd vs ITO case examined in-depth.

Madras HC Orders Income Tax Department to Refund Excess Recovery Beyond 20%

August 28, 2023 561 Views 0 comment Print

Southern Explosives Company P. Ltd. Vs PCIT (Madras High Court) Introduction: In a significant ruling, the Madras High Court has addressed the issue of excessive tax collection by the Income Tax Department. The case in contention is between Southern Explosives Company P. Ltd. and the Principal Commissioner of Income Tax, Chennai. Analysis: The petitioner, Southern […]

ITAT Allows PCIT to Exercise Revisionary Power Due to AO’s Oversight on Scrap Sales

August 28, 2023 270 Views 0 comment Print

ITAT Pune rules on Sushil Industries’ case, asserting that overlooking the sale of scrap is erroneous and jeopardizes revenue. A significant verdict for businesses.

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