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Archive: 30 September 2024

Posts in 30 September 2024

Assessee Must Prove Genuineness to Contest Section 68 Addition for Unexplained Cash Deposits During Demonetization

September 30, 2024 591 Views 0 comment Print

It was held that assessee to provide concrete evidence establishing the genuineness of the cash deposits in accordance with CBDT Circular wherein the various instructions had been issued by CBDT dated 21.2.2017, 3.3.2017, 15.11.2017 & 9.8.2019.

Collection of cess by Agricultural Market Committee was not Tax but a fee for its services

September 30, 2024 486 Views 0 comment Print

Fees collected by the agricultural market committee for its services were not tax  and was generally defined to be a charge for a special service rendered to individuals by some Governmental agency.

TDS order passed beyond four-year time limit u/s 201(1) was Invalid

September 30, 2024 2046 Views 0 comment Print

AO passed TDS order issued for non–deduction of TDS and interest thereon u/s 201(1) and 201(1A) was beyond the four-year limit and the same was barred by limitation under section 201(1) was invalid.

Reassessment Invalid Due to Six-Day Notice Period Under Section 148A(b) Instead of Required 7 Days

September 30, 2024 594 Views 0 comment Print

Reassessment notice issued to assessee by AO was quashed due to non-compliance with the statutory requirement of providing a minimum of seven days for the taxpayer to furnish a reply under Section 148A(b).

Matter Remanded: Delay in Filing Form 10AB Not Grounds for Rejecting Registration Under Section 80G(5)

September 30, 2024 1182 Views 0 comment Print

Assessee had filed Form No.10AB under section 80G(5). Although, assessee-trust was registered on 01.09.2013, it received provisional approval on 16.09.2022 under first proviso to section 80F (5) (iv), valid until AY 2025-26.

Failure to Respond Due to Genuine Reason; Court Sets Aside Order for Violation of Natural Justice

September 30, 2024 486 Views 0 comment Print

Petitioner submits that the respondent issued an ASMT-10 notice dated 03.07.2023, indicating a mismatch between the amounts in FORM 26AS and FORM GSTR-1, which comes to Rs.69 lakhs.

Penalty for GSTR-3B & GSTR-2A Mismatch Set Aside for Lack of Hearing Opportunity

September 30, 2024 480 Views 0 comment Print

Madras High Court held that order confirming tax liability and imposing penalty on ground of mismatch of input tax claim between GSTR-3B and GSTR-2A set aside as order passed without giving opportunity of being heard.

GST Registration Cancellation Based on Prima Facie Investigation Untenable: HP HC

September 30, 2024 222 Views 0 comment Print

Himachal Pradesh High Court held that prima facie investigation cannot be basis of an order of cancellation of GST registration. Drastic penalty of cancellation of GST registration can be imposed only after completion of investigation.

Section 10B Benefit Applicable Before Set Off of Unabsorbed Depreciation & Brought-Forward Losses

September 30, 2024 282 Views 0 comment Print

Madras High Court held that benefit of section 10B of the Income Tax Act available even before setting off of unabsorbed depreciation and brought-forward losses. Accordingly, matter decided in favour of assessee.

Madras HC directs Fresh Order due to Assessee’s Unawareness of GST Notice Upload on Portal

September 30, 2024 204 Views 0 comment Print

Madras High Court held that order set aside as petitioner was unaware of notices being uploaded on GST common portal. Accordingly, respondent directed to pass fresh order on merits.

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