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Judiciary

Repeated placing of matter in call book not valid justification for non-adjudication of notice for 15 years

January 28, 2025 177 Views 0 comment Print

Delhi High Court held that repeated placing of the matter in the call book is not a valid justification for non-adjudication of show cause notice for about 15 years. Accordingly, order passed is liable to be quashed due to delay in adjudication.

No revision u/s 263 if AO’s view on the issue was a plausible view

January 28, 2025 267 Views 0 comment Print

AO had raised queries on two issues i.e. (i) assessee claimed only 15% depreciation on the Higher Efficiency Boilers (being energy saving device), when it was eligible for depreciation allowance of 80% on the Written Down Value (WDV).

Resolution Professional Lacks Jurisdiction to Compute Post-Layoff Salary: NCLAT Delhi

January 28, 2025 255 Views 0 comment Print

NCLAT ruled that issue of whether workers were entitled to claim their dues under Industrial Disputes Act during layoff period should be decided by appropriate labour authorities and not within CIRP proceedings.

Non-fulfillment of debt owed to CD is default on part of personal guarantor: NCLAT

January 28, 2025 156 Views 0 comment Print

After considering submissions made by both parties it is held that there is no dispute that the appellant stood as a guarantor for the loan availed by the CD which has already been admitted into CIRP

Bank Deposits Not Always Income: Advance Tax Condition cannot be imposed blindly

January 28, 2025 1272 Views 0 comment Print

Every deposit in the bank account cannot always be an income. Therefore, condition of deposit of advance tax could not be imposed blindly without considering contention of assessee that his income was below the taxable limit.

Health Issues & Demise of Assessee: ITAT Orders Fresh Review of Ex-Parte Additions

January 28, 2025 2178 Views 0 comment Print

ITAT Surat allows appeal in the case of Kiwans Farsuram Bhamwala Vs ITO. Case remanded to AO for fresh examination, granting assessee another hearing opportunity.

Incidental Commercial Activities Allowed Within Threshold for Tax Exemptions U/s. 11 & 12

January 28, 2025 1026 Views 0 comment Print

Entities advancing general public utility could engage in trade or business only if such activities were incidental to their primary charitable objectives and adhered to specific quantitative thresholds.

Section 271(1)(b) penalty confirmed for not signing consent waiver on undisclosed HSBC bank account

January 27, 2025 273 Views 0 comment Print

ITAT Delhi upholds penalty under Section 271(1)(b) against Sanjay Dalmia for not signing consent waiver form related to undisclosed HSBC bank account details.

10% safe harbour limit apply retrospectively as a beneficial provision

January 27, 2025 432 Views 0 comment Print

 ITAT Kolkata rules on property valuation under Section 56(2)(vii)(b) and jurisdiction in limited scrutiny cases for AY 2014-15, allowing Nisha Gupta’s appeal.

Absolute right of Corporate Debtor over property established hence it is part of liquidation estate

January 27, 2025 75 Views 0 comment Print

NCLAT Delhi held that assignment agreement establishes absolute right of the corporate debtor over the property hence it is part of liquidation estate. Payment of unauthorised sub-letting charges doesn’t mean any valid sub-letting of property.

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