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Archive: June, 2023

Posts in June, 2023

Penalty u/s 271(1)(c) unsustainable in absence of recording of satisfaction

June 14, 2023 1416 Views 0 comment Print

ITAT Mumbai held that recording of satisfaction for initiating penalty u/s 271(1)(c) of the Act is not in accordance with the provisions of the Act, accordingly, penalty u/s 271(1)(c) not sustained.

Failure to obtain prior board approval for inter-corporate loan: MCA imposes Penalty

June 14, 2023 453 Views 0 comment Print

Hyderabad ROC orders penalty for Service now Data Services under Section 179(3) & 454 of Companies Act, 2013 for financial violations and default.

Inter-corporate loan without prior board approval: MCA imposes Penalty

June 14, 2023 582 Views 0 comment Print

M/s. Servicenow Software Development India Pvt Ltd fined for not obtaining board approval for loans, totaling ₹3,90,000 in penalties.

No Penal Action for Bonafide Mistake on EPCG License: CESTAT Kolkata

June 14, 2023 807 Views 0 comment Print

CESTAT Kolkata rules in favor of Aurora Fine Arts in a bonafide mistake case, exempting from penalty for a misdeclared EPCG license value, acknowledging voluntary duty and interest payment.

NCLAT Accepts Private Sale in Favor of Appellant

June 14, 2023 945 Views 0 comment Print

NCLAT approves Kuldeep Singh & Anr’s private sale against Sainsons Pulp and Papers Ltd. liquidator, highlighting full payment with interest after initial delay.

ITAT Ahmedabad Deletes Late Filing Fee for TDS Return Due to Human Error

June 14, 2023 1224 Views 0 comment Print

ITAT Ahmedabad has allowed the appeal of Kanta Govind Singh against the levy of a late filing fee under section 234E for a TDS return. The appellant, a senior citizen, had promptly deposited the TDS amount but had inadvertently filed the return late due to old age and human error. The ITAT deemed the procedural error as not warranting the imposition of a heavy late filing fee under Section 234E of the Income Tax Act.

ITAT Delhi dismisses Claim for delayed deposit of Employees’ Contribution to PF & ESI

June 14, 2023 756 Views 0 comment Print

ITAT Delhi dismisses Drishti Apparels’ appeal against disallowance of PF and ESI deduction due to delayed deposit, aligning with Supreme Court decision.

ITAT Delhi Allows Deduction u/s 35(2AB) Ignoring Absence of Form 3CL

June 14, 2023 975 Views 0 comment Print

ITAT held that the genuineness of the expenditure was not in doubt, and the first appellate authority erred in ignoring Form 3CL issued by the competent authority. The disallowance of Rs.29,05,724/- was deemed unsustainable and deleted.

Calcutta HC Directs Re-Adjudication of Time-Barred IGST Refund Claim Based on Unconstitutional Notification

June 14, 2023 885 Views 0 comment Print

Calcutta High Court mandates re-evaluation of ETC Agro Processing’s time-barred IGST refund, overturning denial based on an unconstitutional notification.

ITAT Bangalore Quashes Assessment Order Due to Invalid Notice under Section 143(2)

June 14, 2023 735 Views 0 comment Print

ITAT Bangalore has quashed assessment order in case of Rajiv Gandhi University of Health Sciences against ACIT. Grounds for invalidation were non-service of a mandatory notice under section 143(2) of Income-tax Act.

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