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Archive: 19 December 2024

Posts in 19 December 2024

Notice issued u/s. 148 after period of six years for AY 2015-16 is barred by limitation: ITAT Mumbai

December 19, 2024 35433 Views 0 comment Print

ITAT Mumbai held that validity of notice issued under section 148 of the Income Tax Act for AY 2015-16 is six year which expires on 31.03.2022. Accordingly, notice issued on 29.07.2022 u/s. 148 is barred by limitation.

Opportunity of heard will be granted after payment of 25% of disputed tax as notices were not complied

December 19, 2024 624 Views 0 comment Print

Madras High Court held that due to non-compliance with notice issued under GST, the petitioner is required to deposit 25% of disputed tax and post deposit of amount, the petitioner will be granted an opportunity of being heard.

Invoices covered u/s. 10A to be excluded while analysing application u/s. 9 of IBC: NCLT Delhi

December 19, 2024 753 Views 0 comment Print

NCLT Delhi held that admissible of application under section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) not justified since invoices covered under section 10A has to be excluded and accordingly amount claimed will be less than threshold limit of Rs. 1 Crore.

Late filing of Form 67 couldn’t override rights under DTAA

December 19, 2024 675 Views 0 comment Print

Despite late filing of Form 67, assessee deserved the credit for taxes paid in Nepal since the provisions of DTAA (in this case DTAA with Nepal) had an overriding effect over other provisions of the Act.

ICAI Reprimands CA for Not Reporting Misuse of Share Application Funds

December 19, 2024 345 Views 0 comment Print

CA. Harsharanjit Singh Chahal has been reprimanded by the ICAI Disciplinary Committee for professional misconduct, including failure to perform due diligence during an audit.

No addition as there was lack of proper persuasion before Lower Authorities, directed for re examination

December 19, 2024 429 Views 0 comment Print

It was felt that the minute details of matching of accounts, working out the exact quantum of turnover from the bank accounts and matching of vouchers with expenses claimed could not be done by this Bench of ITAT.

HC couldn’t indulge in factual examination of dispute u/s 68 as it was beyond scope of appeal u/s 260A

December 19, 2024 351 Views 0 comment Print

ITAT order was based on the fact that assessee had discharged its onus to prove the identity and creditworthiness of the share subscribing companies and the genuineness of the transactions.

Reassessment was valid as Section 147 And 153C could be applied interchangeably

December 19, 2024 1110 Views 0 comment Print

Assessee had not challenged the validity of reopening, though for the first time, assessee had challenged the action of AO by taking plea that AO should have assessed assessee under section 153C and not section 147/148.

Directed to deposit 25% of disputed tax for failure to reply GST notice and attended hearing

December 19, 2024 1182 Views 0 comment Print

Madras High Court held that order confirming demand due to mismatch between returns under GST set aside with condition to deposit 25% of disputed tax amount since petitioner neither replied to DRC-01 and neither attended personal hearing.

Delay of 85 days condoned on medical grounds: ITAT Bangalore

December 19, 2024 1392 Views 0 comment Print

ITAT Bangalore held that delay of 85 days in filing of appeal before CIT(A) condoned on medical grounds. Accordingly, matter remitted back to CIT(A) for fresh consideration on merits.

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