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Judiciary

Ground not addressed by CIT(A) cannot be taken up by ITAT: Delhi HC

January 20, 2025 351 Views 0 comment Print

Delhi High Court held that ITAT cannot address the ground which remained unaddressed by CIT(A). Accordingly, matter restored back to CIT(A) to decide on the grounds that were not decided.

Addition towards contribution to unrecognized provident fund rightly deleted

January 20, 2025 153 Views 0 comment Print

Punjab and Haryana High Court held that ITAT rightly deleted addition towards contribution to unrecognized provident fund as assessee has duly discharged its onus. Accordingly, petition disposed of.

Relief to assessee on interest expenses addition and partial relief for household expenses disallowance

January 18, 2025 3291 Views 0 comment Print

As regarding disallowance of interest-free loans on unsecured loans, it was concluded that the same were part of routine business transactions and were of short-term nature therefore, no addition for interest charged on the loans.

Provision for leave salary not allowable as deduction u/s. 43B(f): Madras HC

January 18, 2025 1332 Views 0 comment Print

Madras High Court held that provision for leave salary is not allowable as deduction under section 43B(f) of the Income Tax Act since deduction of actual payment is allowable and not of provision. Accordingly, question of law answered in favour of revenue.

Invocation of revision proceedings after approval of resolution plan not justified: ITAT Ahmedabad

January 18, 2025 408 Views 0 comment Print

ITAT Ahmedabad held that invocation of Revision proceedings under section 263 of the Income Tax Act after approval of the Resolution Plan by NCLT is against the Provisions of Law. Accordingly, revisionary proceedings quashed.

Order set aside as satisfaction note was recorded without application of mind: ITAT Delhi

January 18, 2025 3699 Views 0 comment Print

ITAT Delhi held that orders passed based on illegal assumption of jurisdiction on the basis of satisfaction note which was recorded without application of mind and quite in a mechanical manner is liable to be set aside. Accordingly, addition deleted.

National commission cannot re-write terms of contract entered between bank and credit cardholder

January 18, 2025 435 Views 0 comment Print

Supreme Court held that the National Commission had no jurisdiction to re-write the terms of the contract entered between the banks and the credit cardholders, which the parties have mutually agreed to be bound by.

Both the parties agreed to treat the addition as business receipts: ITAT directed AO to assess profit @ 8%

January 18, 2025 1092 Views 0 comment Print

Assessee didnot file return for the year under consideration. As per AIMS module information received that assessee has deposited the amount of Rs.16,84,100/- as cash during the demonetization period. Case was reopened notice was issued accordingly.

S.159 applies when reassessment notice was issued during lifetime of deceased assessee

January 18, 2025 924 Views 0 comment Print

In response to the said notice, the son/legal heir of the deceased assessee submitted a reply on 01 April 2023 wherein he unequivocally apprised the respondent of the demise of his father/assessee, furnishing alongwith a copy of the death certificate as conclusive evidence, and asserted that the notice was null and void ab initio.

Filing of application u/s 95 of IBC by Creditor in his individual capacity or jointly through RP was allowable

January 18, 2025 294 Views 0 comment Print

Where application under section 95 of Insolvency Bankruptcy Code (IBC), 2016 was filed, the same was permitted to be filed by a creditor in his individual capacity or jointly with other creditors or through a Professional (RP).

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