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Judiciary

Addition u/s 68 sustained as identity and creditworthiness of lenders not proved

May 27, 2023 705 Views 0 comment Print

ITAT Raipur held that addition towards unexplained cash credits u/s 68 of the Income Tax Act sustained as assessee failed to prove the identity and creditworthiness of lenders of unsecured loans.

Assessee directed to approach Revenue Department to avail benefit of special procedure for revocation of cancelled GST registration

May 27, 2023 519 Views 0 comment Print

In the case of Radhe Packaging vs. Union of India, heard by the Gujarat High Court, the court directed the assessee to approach the Revenue Department to avail the benefit of a special procedure for the revocation of their cancelled Goods and Services Tax (GST) registration.

Initiation of reassessment in the name of non-existent amalgamated company is without jurisdiction

May 27, 2023 471 Views 0 comment Print

ITAT Kolkata held that reassessment proceeding initiated in the name of non­existent amalgamated company is without jurisdiction, void ab initio and is liable to be annulled.

Exemption u/s 54B not available when property not purchased in name of assessee

May 27, 2023 1410 Views 0 comment Print

ITAT Chandigarh held that exemption under section 54B of the Income Tax Act is not available when property was not purchased in the name of the assessee.

Addition u/s 69C simply based on scribbling notes without any other evidences is unwarranted

May 27, 2023 1356 Views 0 comment Print

ITAT Mumbai held that addition towards unexplained expenditure u/s 69C of the Income Tax Act simply on the basis of scribbling note without any other oral/ documentary evidences is unwarranted and unsustainable.

Remedy against third party not available under Section 66 of IBC: SC

May 27, 2023 4278 Views 0 comment Print

Supreme Court reaffirmed that Section 66 of the Insolvency and Bankruptcy Code cannot be invoked against third parties and that civil remedies available under the law must be pursued for recovery of dues from such parties.

Violation of principles of natural justice – ITAT restores matter back to AO

May 26, 2023 6060 Views 0 comment Print

ITAT Amritsar orders restoration of Bashir Ahmad Sofi’s case due to violation of natural justice. Ex parte orders quashed, fresh assessment directed.

Substantive Right Cannot Be Taken Away By A Procedural Lapse: SC

May 26, 2023 5454 Views 0 comment Print

Delve into the Supreme Court judgment on procedural defects and substantive rights in the case of Ramnath Exports Pvt Ltd Vs Vinita Mehta. Learn about the implications of procedural irregularities on litigants’ rights.

CIT(A) cannot change section under which AO made addition during assessment

May 26, 2023 3414 Views 0 comment Print

Delve into the intricacies of the case Smt. Sekar Jayalakshmi Vs ITO (ITAT Chennai), analyzing the discrepancy between Section 68 and Section 69A of the Income Tax Act.

Section 54F Deduction allowed despite Non-Construction of New House within Prescribed Time Limit  

May 26, 2023 10590 Views 0 comment Print

Delve into the Sharada Mohan Shetty Vs ITO case, analyzing the intricacies of Sec. 54F exemption claim, construction delays, and legal implications.

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