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Judiciary

Surcharge not leviable when income is less than Rs. 50 Lakhs: ITAT Kolkata

January 22, 2025 243 Views 0 comment Print

ITAT Kolkata held that the surcharge is leviable only when the amount of income tax is computed where the total income exceeds Rs.50 lakhs. Here, surcharge is not leviable since income is less than Rs. 50 Lakhs. Accordingly, appeal allowed.

Undisclosed 0.15% Commission on Accommodation Entries Added: ITAT Kolkata

January 22, 2025 135 Views 0 comment Print

ITAT Kolkata held that undisclosed commission income on accommodation entries to be added @0.15% instead of 1%. Accordingly, AO directed to compute the rate the commission @0.15% and not 1%.

Demand order was set aside due to non-application of mind and non-consideration of assessee reply

January 22, 2025 255 Views 0 comment Print

Vide the Show Cause Notice, assessee was given an opportunity to show cause as to why they had not declared the correct tax liability in the annual returns of GSTR-09.

HC Allows Writ with Condition of 25% Tax Deposit for Non-Compliance with GST Notice

January 22, 2025 90 Views 0 comment Print

Madras High Court directed petitioner to deposit 25% of the disputed taxes for granting an opportunity of being heard since petitioner failed to comply with the notice uploaded on GST portal. Thus, writ allowed.

Calcutta HC allows LTCG exemption on share of Wagend Infra Venture Limited

January 22, 2025 321 Views 0 comment Print

Calcutta High Court dismisses appeal in PCIT Vs Sawankumar T Jajoo, upholding ITAT’s order on long-term capital gains from penny stocks.

Transfer order u/s. 127(2) lacking cogent reasons held invalid: Calcutta HC

January 22, 2025 726 Views 0 comment Print

Calcutta High Court held that transfer order issued under section 127(2) of the Income Tax Act lacking cogent reasons to justify necessity of transferring case is untenable. Accordingly, transfer order held as invalid.

No further addition required when cash in books are more than physical cash: ITAT Jaipur

January 22, 2025 117 Views 0 comment Print

ITAT Jaipur held that when the cash found in books are more then physically found no further addition is required to be made in the hands of the assessee. Accordingly, addition towards unexplained cash set aside.

Dismissal of appeal without adjudicating issues on merits not sustainable in law

January 22, 2025 555 Views 0 comment Print

ITAT Agra held that dismissal of appeal by CIT(A) merely because the assessee did not comply with the notices issued by CIT(A), without adjudicating issues arising in the appeal on merits, is not sustainable in the eyes of law keeping in view provisions of Section 250(6).

State Bank filed valid application u/s 95 against personal guarantor: NCLAT Delhi

January 22, 2025 312 Views 0 comment Print

Appellant-personal guarantor had signed a deed of guarantee for a corporate debtor’s credit facilities. Following the debtor’s default, the bank issued a Section 13(2) notice demanding Rs. 32.60 crore from the appellant.

Is entity having ‘Permanent Establishment’ was a fact-specific issue to be determined separately for different tax periods

January 22, 2025 258 Views 0 comment Print

Whether or not a permanent establishment existed in a State during a given period must be determined on the basis of the circumstances applicable during that period and not those applicable during a past or future period.

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