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Judiciary

ITAT Allows Deduction for NPS Bad Debts Declared Pre-01.04.2006 by Co-op Bank

July 28, 2023 564 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Mumbai dismisses the Revenue’s appeal and allows bad debts declared as Non Performing Assets (NPS) before 01.04.2006 as a deduction under section 36(1)(vii) of the Income Tax Act for Abhyudaya Co-op Bank Limited for AY 2012-13.

CESTAT Upheld service tax demand deletion Due to Limitation

July 28, 2023 417 Views 0 comment Print

The CESTAT Chandigarh upheld the deletion of service tax on installation commissioning services on the ground of limitation. The case involved Himachal Futuristic Communication Limited.

Interest Granted to Petitioner for Illegally Delayed Refund by Adjudicating Authority

July 28, 2023 390 Views 0 comment Print

In the case of Rajasthan Syntex Limited vs. Commissioner (CESTAT Delhi), the issue revolves around whether the appellant is entitled to interest for the intervening period when the rebate claim, which was retained by the Adjudicating Authority illegally, was ultimately sanctioned.

Delhi ITAT: Only Profit Element from Bogus Purchases can be Added

July 28, 2023 999 Views 0 comment Print

The Delhi ITAT upheld that only the profit element embedded in bogus purchases can be added to the income of the taxpayer. The case involved Diamond Tradex Co. Ltd. and ACIT for A.Y. 2010-11.

SCN Can’t be reissued for Accepted, Finalized First Appellate Authority Order: HC

July 28, 2023 1611 Views 0 comment Print

In a significant ruling, the Jharkhand High Court finds that Revenue cannot issue fresh show cause notices for the same period after the accepted First Appellate Order. Learn more about the case and analysis.

Nullification of mandamus by an enactment would be impermissible legislative exercise: SC

July 28, 2023 1095 Views 0 comment Print

In present facts of the case, the Honble Supreme Court observed that the statute enacted by Parliament or a State Legislature cannot be declared unconstitutional lightly. Further, it was held that that nullification of mandamus by an enactment would be impermissible legislative exercise.

Allahabad HC Dismisses Challenge to Appointment of CIT (Appeals)

July 28, 2023 384 Views 0 comment Print

The Allahabad High Court dismissed a petition challenging the appointment of Commissioners of Income Tax (Appeals) stating that the Act of 1961 vests jurisdiction with the Central Government for such appointments.

No Addition for Cash Deposits by second account holder in Joint bank account

July 28, 2023 2205 Views 0 comment Print

In the case of Devender vs. ITO, the ITAT Delhi ruled in favor of the farmer assessee, stating that no addition shall be made for cash deposited in a joint bank account by the second account holder.

NFAC Cannot Deny Justice on other issues due to Relief Granted on One issue: ITAT

July 28, 2023 558 Views 0 comment Print

ITAT held that approach adopted by NFAC merely because he granted relief in respect of one item of additions, does not mean that he can deny justice in respect of balance additions/grounds of appeal raised before him.

Mere Client Code Modification by Broker Doesn’t Indicate Escapement of Assessment

July 28, 2023 1767 Views 0 comment Print

A detailed analysis of the ITAT Pune judgement on Dinesh Patel vs ITO involving client code modification and tax assessment.

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