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Archive: November, 2023

Posts in November, 2023

Notice set aside as reasonable opportunity of reply not granted

November 28, 2023 4173 Views 0 comment Print

Madhya Pradesh High Court held that time gap of 8 days between show cause notice and impugned order reveals that reasonable opportunity of reply to show cause notice not granted. Accordingly, the show cause notice and order thereof set aside.

AO not entitled to commence proceedings for reassessment based on change of opinion

November 28, 2023 1017 Views 0 comment Print

Bombay High Court held that AO is not entitled to commence proceedings for reassessment under section 147 of the Income Tax Act based on change of opinion as material facts are fully and truly disclosed.

Appeal filing limit not extended as petitioner failed to exercise right of appeal within prescribed time limit

November 28, 2023 900 Views 0 comment Print

Kerala HC upholds tax demand as petitioner misses appeal deadline under Finance Act 1994, deems Order-in-Original valid. Read the full judgment.

DNA Test Only if No Other Legal Basis To Determine Parentage: Allahabad HC

November 28, 2023 1317 Views 0 comment Print

Allahabad High Court, in a recent judgment, has clarified that a DNA test can be ordered only in exceptional cases when there is no other legal basis to determine parentage.

Delhi HC Set-Aside Order with Unspecified GST Registration Cancellation Reasons

November 28, 2023 1041 Views 0 comment Print

Delhi High Court’s ruling in VAB Apparel LLP vs Commissioner, setting aside GST registration cancellation order for non-specification of reasons for GST registration cancellation.

Non-striking on irrelevant limb u/s 271(1)(c) vitiates entire penalty proceedings

November 28, 2023 981 Views 0 comment Print

ITAT Mumbai held that as the assessee should be aware of the exact charge for which the penalty proceeding has been initiated, non-striking on the irrelevant limb under section 271(1)(c) of the Income Tax Act vitiates the entire penalty proceedings.

Addition to capital account of partner sustained on failure to furnish supporting evidence

November 28, 2023 714 Views 0 comment Print

Kerala High Court held that addition to the capital account of the partner duly sustainable in law on account of failure of the assessee to furnish supporting evidence.

No default in payment of advance tax as seized cash offered to be treated as advance tax

November 28, 2023 1194 Views 0 comment Print

Delhi High Court held that there was no default in payment of advance as seized cash was offered by the assessee to be treated as advance tax.

Initiation of proceedings against person other than searched person u/s 148 instead of 153C unsustainable

November 28, 2023 3360 Views 0 comment Print

ITAT Bangalore held that initiation of proceedings against the person other than the searched person under section 148, instead of section 153C, of the Income Tax Act is without any jurisdiction and hence held liable to be set aside.

Input tax credit eligible as GST registration sought from retrospective date

November 28, 2023 1077 Views 0 comment Print

Madras High Court held that as GST registration sought from retrospective date, the input tax credit ought to have provided. Accordingly, impugned order directing to forego Input Tax Credit is unreasonable and cannot be sustained.

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