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Judiciary

No Section 69A addition on suspicion: ITAT Mumbai deletes ₹3.05 Cr addition 

January 28, 2025 780 Views 0 comment Print

TAT Mumbai held that the addition of Rs. 3.05 crore u/s 69A of the Income Tax Act was based on suspicion, ruling it as impermissible without proper inquiry.

Commercial wisdom of CoC in rejecting resolution plan and opting for liquidation non-justiciable

January 28, 2025 141 Views 0 comment Print

NCLAT Delhi held that the commercial wisdom of the Committee of Creditors [CoC] in rejecting resolution plan and opting for liquidation is non-justiciable. Accordingly, held that NCLT rightly refused to intervene in decision of CoC.

Revision u/s. 263 justified as claim accepted without any enquiry: Kerala HC

January 28, 2025 375 Views 0 comment Print

Kerala High Court held that revision proceedings under section 263 of the Income Tax Act righty invoked as claim was accepted by assessing officer without any enquiry. Accordingly, jurisdiction rightly invoked.

Co-op societies can claim Section 80P(2)(d) deduction on interest on investments in co-op banks

January 28, 2025 492 Views 0 comment Print

ITO Vs Shivsahyadri Sahakari Pathpedhi (ITAT Mumbai) – Credit co-operative society investments in co-operative bank claimed as allowable u/s. 80P(2) because co-operative banks are also registered under co-operative society

ITAT deletes ₹48.48 Lakh Penny Stock Investment Addition for lack of evidence

January 28, 2025 2229 Views 0 comment Print

ITAT deletes addition of Rs. 48.48 lakh for penny stock investment, ruling that no concrete evidence was presented by the Income Tax authorities.

Services doesn’t qualify as FTS as make available condition not satisfied: ITAT Ahmedabad

January 28, 2025 234 Views 0 comment Print

ITAT Ahmedabad held that services do not qualify as Fee for Technical Services [FTS] under India-Netherlands tax treaty since department failed to demonstrate that technology was ‘make available’ to recipient of services.

ITAT Remits Fake Invoice addition Case to AO for consideration of New Evidence

January 28, 2025 420 Views 0 comment Print

ITAT remits the case of Rahul Kumar Singh to the AO after the assessee’s failure to respond to notices, directing the inclusion of new evidence submitted by the appellant.

Section 10(10B) VRS Compensation Exemption Allowed for Central Govt Approved Scheme

January 28, 2025 159 Views 0 comment Print

Assessee was entitled for exemption under section 10(10B) for Voluntary Retirement Scheme (VRS) compensation on whole of the amount received citing that the Central-Government approved schemes that benefited Employees.

Regulation 16A(3A) of CIRP regulations to be followed for replacement of authorised representative

January 28, 2025 72 Views 0 comment Print

NCLAT Delhi held that regulation 16A(3A) of the CIRP Regulations has to be followed for replacement of Authorised Representatives. Adjudicating Authority duly relied on regulation 16A(3A) and rejected the application of the appellant.

Delhi HC Orders Custom dept to Release Bank Guarantee with Interest

January 28, 2025 297 Views 0 comment Print

Delhi HC orders Customs to release bank guarantee with interest to Om Gems & Jewellery, directing compliance with previous judgment on gold imports.

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