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Judiciary

Addition for Violation of section 40A(3) sustained because of non-satisfying reply

May 18, 2023 981 Views 0 comment Print

ITAT Delhi held that violation of section 40A(3) sustained as the reply provided by the assessee is hypothetical and non-satisfying.

Bad debts relating to non-rural branches are allowable u/s 36(1)(vii)

May 18, 2023 978 Views 0 comment Print

ITAT Bangalore held that bad debts relating to non-rural branches are allowable under section 36(1)(vii) of the Income Tax Act.

Provisions of section 56(2)(viia) applicable on shares received on account of amalgamation

May 18, 2023 3933 Views 0 comment Print

ITAT Hyderabad held that provisions of section 56(2)(viia) of the Income Tax Act are attracted on shares received by the assessee company on account of amalgamation.

Mere non-reference of cash transaction doesn’t render assessment order erroneous and prejudicial

May 18, 2023 879 Views 0 comment Print

ITAT Raipur held that mere non-reference by AO about the cash transaction entered into by the assesse doesn’t render the assessment order passed by AO as erroneous and prejudicial to the interest of revenue. Accordingly, revisional proceedings u/s 263 unjustified.

Rejection of declared value without examining contemporaneous NIDB data is unsustainable

May 18, 2023 1053 Views 0 comment Print

CESTAT Ahmedabad held that rejection of declared value in terms of rule 12 of the Customs Valuation Rules, 2007 solely on the basis of various letters of different authorities without examining contemporaneous NIDB data is unsustainable in law.

HC directs department to issue Section 148 notice to legal representative of Deceased Assessee

May 18, 2023 861 Views 0 comment Print

In the case of J. Kishorekumar Vs ITO, Madras High Court examines tax notices issued to deceased assessee’s legal representative, offering detailed insights into legal implications and proceedings.

Benefit of deduction of 7.5% of total income available to co-operative banks u/s. 36(1)(viia)

May 18, 2023 1308 Views 0 comment Print

ITAT Cochin held that benefit of deduction of 7.5% of the total income is available to co-operative banks under clause (viia) of section 36(1) of the Income Tax Act.

Declared value rejectable whenever significantly higher value of identical goods noticed

May 18, 2023 1665 Views 0 comment Print

CESTAT Ahmedabad’s verdict on customs valuation rules regarding Kumar Impex’s appeal against reassessment of imported goods’ value under Rule 12.

Non-quoting of DIN renders Income Tax order invalid

May 18, 2023 1977 Views 0 comment Print

ITAT Hyderabad held that non-generation/ non-quoting of Document Identification Number (DIN) in the order will render the order invalid and will be treated as never to have been issued.

Reopening justified as it is based on material satisfying that income has escaped assessment

May 18, 2023 1017 Views 0 comment Print

Gujarat High Court held that in case reopening of assessment based on material which satisfied to harbour reasons to believe that there was escapement of income, then, such reopening of assessment is justifiable.

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