Dear Subscriber,
The following important updates are available at itatonline.org:
Join the itatonline.org Telegram Channel for speedy updates
Association News
Digest of important case law – January 2024 to December 2024 (Compiled by KSA Legal & AIFTP)
Case Laws
Chitra Avdhesh Mehta (Smt.) v. ITO (ITAT Mumbai)Mumbai Tribunal : S. 68 : Cash credits-Long term capital gain-Penny stock-Sale of shares-Turbo Tech Engineering Ltd.-Kappac Pharma Ltd.-Acquired at Rs. 12 and sold at Rs. 720 per share-Abnormal price rise-General investigation report-Cash purchase and late dematerialization-No cogent evidence of genuine transaction – Addition upheld. [S. 10(38), 115BBE, 131, 133(6)] The assessee claimed exemption u/s 10(38) on LTCG… Read More ...
Mumbai Tribunal : S. 56 : Income from other sources-Share premium-Valuation under DCF method-AO cannot substitute or reject valuation done by a prescribed valuer without authority-Projection variations with actuals cannot be a ground to disregard valuation-Deletion of addition justified. [S. 56(2)(viib), 11UA(2)(b)] The assessee issued shares at a premium of ₹10 per share based on a Chartered Accountant’s… Read More ...
Bombay High Court (Goa Bench): S. 254 r.w. R. 35: Though the assessee can be represented before the ITAT by an authorized representative, the order has to be served upon the assessee directly. A service of the order upon the authorized representative is not good service (i) The assessee is permitted to be represented in any proceedings before any Income… Read More ...
Article
When the Portal Goes Beyond the Notified Form – The Curious Case of Form No. 35
By CA Milind Wadhwani: Recently, there has been considerable discussion within tax professional circles about significant changes observed while filing Form No. 35—the prescribed form for appeals before the Commissioner of Income-tax (Appeals) [CIT(A)]. In the author’s view, the additional details currently being sought through the e-Filing portal cannot be legally mandated unless and until a revised Form No.… Read More ...
Regards,
Editorial Board