Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Credits treated as unexplained cash credits under s.68 were examined to determine whether they were trade advances. Where advances were received from customers (mostly through banking channels) and subsequently adjusted against sales invoices within a reasonable time, the credits were held to be genuine trade advances and not "loan creditors"; hence no enquiry into customer creditworthiness was required and the additions were deleted. Refund of excess labour advance from a goldsmith, recorded against job-work bills and received in cash consistent with trade practice, was held explained and the s.68 addition was deleted. Cash receipts from credit sales were not taxable under s.68 merely for alleged non-collection of TCS since s.206C(1D) was inapplicable due to turnover below s.44AB threshold; addition deleted. Cash deposits during demonetisation were supported by book cash and sales bills; s.69A addition deleted; consequently s.115BBE issue became academic. - ITAT
Credits treated as unexplained cash credits under s.68 were examined to determine whether they were trade advances. Where advances were received from customers (mostly through banking channels) and subsequently adjusted against sales invoices within a reasonable time, the credits were held to be genuine trade advances and not "loan creditors"; hence no enquiry into customer creditworthiness was required and the additions were deleted. Refund of excess labour advance from a goldsmith, recorded against job-work bills and received in cash consistent with trade practice, was held explained and the s.68 addition was deleted. Cash receipts from credit sales were not taxable under s.68 merely for alleged non-collection of TCS since s.206C(1D) was inapplicable due to turnover below s.44AB threshold; addition deleted. Cash deposits during demonetisation were supported by book cash and sales bills; s.69A addition deleted; consequently s.115BBE issue became academic. - ITAT
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