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Judiciary

No Ad-hoc Disallowance for Railway Site Expenses without Rational Basis

July 20, 2023 366 Views 0 comment Print

In the case of Durga Signal Infra Pvt. Ltd. vs ACIT, ITAT Kolkata rules that there should be no disallowance made under Section 37(1) of the Income Tax Act for site expenses incurred for railway business. Learn about the case, its analysis, and conclusion.

Loss from derivative trading can be set off against regular business income

July 20, 2023 2730 Views 0 comment Print

Detailed analysis of the ITAT Kolkata ruling in favor of Kippy Engineering Pvt Ltd, where the tribunal deleted an addition made from losses in derivative trading adjusted with business income.

HRA Deduction: Rent Paid to Wife Qualifies under Section 10(13A)

July 20, 2023 56418 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Delhi has ruled in favor of Aman Kumar Jain against the Income Tax Officer, permitting rent paid to a wife as eligible for HRA deduction under section 10(13A) of the Income Tax Act.

Revenue Department cannot seize cash during the inspection

July 20, 2023 1128 Views 0 comment Print

Kerala High Court in Dhanya Sreekumari v. State Tax Officer held that cash not being a stock-in-trade of assessee, was not a thing that ought to have been seized and directed Revenue Department to release cash seized to assessee.

GST Refund Claim: Technical Grounds Alone Not Sufficient for Rejection

July 20, 2023 2262 Views 0 comment Print

In the case of Renuka Sugars Ltd vs State of Gujarat, Gujarat High Court examines validity of lodging a supplementary refund claim under ‘any other’ category for a balance refund amount due to an arithmetical error.

Quantum Appeal Allowed, Section 54F Deduction Granted: Penalty Vacated

July 20, 2023 648 Views 0 comment Print

Read the full text of the order of ITAT Jaipur in the case of Lalit Kumar Kalwar Vs ITO. The quantum appeal is allowed, and the deduction under Section 54F is granted, resulting in the penalty being vacated.

Writ Court does not act as assessing officer or appellate authority: Calcutta HC

July 20, 2023 288 Views 0 comment Print

The Calcutta High Court rejects a writ petition challenging a tax assessment order, reaffirming that a Writ Court does not act as an assessing officer or an appellate authority

Bombay HC: No Addition for Penny Stock – Documentary Evidence

July 20, 2023 3480 Views 0 comment Print

Analyze the case of PCIT Vs Indravadan Jain, HUF in the Bombay High Court, where the issue of addition u/s 68 for penny stock transactions was examined. Discover how documentary evidence played a crucial role in the court’s decision.

Loan Availed in Earlier Years: No Annual Commercial Expediency Proof Needed

July 20, 2023 675 Views 0 comment Print

The issue under consideration is that whether the assessee is required to demonstrate commercial expediency during each year concerning a loan which was availed during previous year relevant to A.Y. 2005-06.

No Penalty under Section 271A for Maintained Books of Account

July 20, 2023 2859 Views 0 comment Print

The ITAT Bangalore in the case of Suresh Sharma vs ITO reaffirms the principle that penalty proceedings under Section 271A of the Income Tax Act cannot be initiated if the Books of Account are properly maintained

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