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Archive: 14 December 2023

Posts in 14 December 2023

Reassessment Without Section 151 Approval Void: ITAT Dehradun

December 14, 2023 759 Views 0 comment Print

In a crucial decision, ITAT Dehradun quashes reassessment in Uttarakhand Purv Sainik Kalyan Nigam Ltd vs. ITO case. Analysis of Section 151 approval absence and its implications.

Cooperative Society Exempt from GST for Solid Waste Management: Patna HC

December 14, 2023 435 Views 0 comment Print

Read about Patna High Court’s decision in Mahavir Sharmik case, granting relief to a cooperative society from BGST for solid waste management activities.

Section 2(22)(e) Deemed Dividend Addition Limited to Shareholders

December 14, 2023 4542 Views 0 comment Print

Explore ITAT Delhi’s ruling limiting deemed dividend addition to shareholders. Details on assessment years 2013-14, 2014-15, and 2015-16. Full text analysis.

Issuance of cryptic SCN violates the principles of natural justice

December 14, 2023 1086 Views 0 comment Print

While issuing a cryptic show cause notice, the authorities had violated the principles of natural justice. As from the impugned order as well as the show cause notice, the reasons for cancellation of GST registration were not decipherable therefrom, therefore, the show cause notice and the impugned order were quashed and set aside.

Form-10 Supplied After Limitation but Before Assessment Completion Eligible for Section 11(2) Exemption Benefit

December 14, 2023 708 Views 0 comment Print

Form-10 under rule 17(2) for claiming exemption had been supplied to AO after the prescribed period but before completion of assessment, it ought to be considered by AO for granting benefit of exemption under Section 11(2) of the Income Tax Act, 1961 in original assessment proceedings. Accordingly, the entire process of reassessment that had been initiated by Department was without any legal basis whatsoever.

Department Must Substantiate Shell Company Claim Despite: ITAT Delhi

December 14, 2023 516 Views 0 comment Print

Even though the department had the authority to dispute the residential status of the assessee merely on the strength of the Tax Residency Certificate (TRC), it was incumbent upon the department to make a proper inquiry and to establish the fact that the party claiming benefit and the strength of the TRC was a shell or conduit company.

Senior Officers Expected to Exercise Due Diligence in Initiating Reassessment for Concluded Assessment.

December 14, 2023 552 Views 0 comment Print

Reopening of the concluded scrutiny assessment was a serious business, therefore, senior officers like ACIT and PCIT were expected to apply their minds to such requests and, only after that, approve the initiation of reassessment proceedings.

Kerala HC directs Customs Department to Process Refund in Explosive Material Case

December 14, 2023 363 Views 0 comment Print

Kerala High Court directs Customs to refund Rs.7,02,692 to petitioner and emphasizes destruction of seized explosive goods. Detailed analysis of the court’s interim order.

Delhi HC upholds deletion of additions for jewellery, paintings & wrist watches

December 14, 2023 660 Views 0 comment Print

Delhi High Court analyzes Tribunal’s decision in PCIT vs Nirmal Kumar Minda, upholding deletion of additions for jewellery, paintings, and wrist watches. Learn more.

HC Quashes Section 153A Proceedings: No Incriminating Material Found

December 14, 2023 636 Views 0 comment Print

Delhi High Court dismisses Section 153A proceedings in PCIT vs Oxygen Business Park case. Analysis of the impact on income tax assessments post-search. Learn more.

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