The tribunal held that land registered in an individual’s name but fully paid by a society amounts to receipt of property without consideration. Such benefit is taxable as income under section 56(2)(vii).
NCLT Mumbai held that since existence of financial debt and default thereon is established, application filed under section 9 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency and Resolution Process [CIRP] against Proto D Industries Pvt. Ltd. [Corporate Debtor] is admitted.
The tribunal ruled that rejecting books and estimating profits bars further item-wise disallowances. Authorities cannot “blow hot and cold” by disallowing expenses from the same rejected records.
The tribunal held that sending notices through email despite the assessee expressly opting for physical service constituted sufficient cause for delay. Procedural lapses by tax authorities cannot deprive an assessee of the right to be heard.
The tribunal ruled that lack of digital literacy and non-receipt of electronic orders constitute sufficient cause for delay in filing an appeal. A liberal approach was adopted to ensure substantial justice, and the appeal was restored for decision on merits.
he tribunal held that reassessment notices issued by the jurisdictional assessing officer instead of the faceless authority violate the mandatory faceless assessment framework. Such jurisdictional defects render the entire reassessment proceedings void ab initio.
Orissa High Court held that post grant of refund by Assistant Commissioner, the recourse to adjudicate upon the same objection/content under Section 73 without giving due deference to the quasi judicial Appellate Order is unconscionable. Accordingly, the writ petition is allowed.
Pune ITAT restored the matter to the CIT(A) after the assessee argued that adequate opportunity was not provided to explain the source of funds received. The Tribunal directed fresh adjudication with proper hearing and liberty to file supporting evidence.
Karnataka High Court held that in terms of auction memorandum, liquidator appointed under the Insolvency and Bankruptcy Code, 2016, was empowered to forfeit the Earnest Money Deposit [EMD] and Interest free Refundable Participation Deposit Money [PDM] deposited for participating in the auction.
The Court stayed tax action after noting an unusually long delay in issuing the assessment notice, holding that further proceedings should remain in abeyance pending clarification from the authorities.
