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Archive: December, 2024

Posts in December, 2024

Penalty u/s. 271(1)(c) not leviable in case of debatable issue: ITAT Ahmedabad

December 16, 2024 1392 Views 0 comment Print

Thus, penalty is not warranted on issues where a substantial question of law exists, indicating that the matter is not free from doubt. Accordingly, we quash the penalty order under section 271(1) (c) of the Act.

CIRP if initiated fraudulently the same can be set aside: NCLAT Delhi

December 16, 2024 807 Views 0 comment Print

NCLAT Delhi held that if CIRP is initiated fraudulently for any purpose other than the resolution of insolvency or liquidation it can be set aside. Accordingly, CIRP set aside and appeal allowed.

Deduction under other provisions will be restricted when profit already granted deduction u/s. 80-IA

December 16, 2024 411 Views 0 comment Print

The AO added excise duty and sales tax to the total turnover while excluding lease rent and other incomes, categorizing them as “Income from Other Sources” rather than “Business Income”.

Delayed payment of refund causes serious prejudice to both revenue & assessee: Bombay HC

December 16, 2024 1140 Views 0 comment Print

Bombay High Court held that delayed payment of refund burdens public exchequer with interest amount and also causes serious prejudice to the assessee. Accordingly, delayed payment of refund causes serious prejudice to both revenue and assessee.

Penalty u/s. 271(1)(c)/ 271AAB imposable even on voluntary disclosure of income: ITAT Pune

December 16, 2024 1254 Views 0 comment Print

ITAT Pune held that penalty under section 271(1)(c)/ 271AAB of the Income Tax Act imposable even in case of voluntary disclosure or declaration or surrender per se of income. Accordingly, appeal filed by revenue allowed.

SC imposed cost on MP Government for misusing court’s time

December 16, 2024 603 Views 0 comment Print

The present case is one such case, wherein, enormous delay of 1788 days occasioned in preferring the second appeal due to the lapses on the part of the officials functioning under the State, though valuable Government lands were involved.

Kerala HC Allows Filing of Form Missed Due to GST Portal Glitch

December 16, 2024 432 Views 0 comment Print

Kerala High Court granted one more opportunity to upload Form GST ITC-01 since the form was not uploaded due to technical glitches in GST portal. Accordingly, writ petition allowed.

Cost imposed on assessee due to non-compliance with opportunities granted by CIT(A)

December 16, 2024 516 Views 0 comment Print

ITAT Ahmedabad held that CIT(A) dismissed the appeal due to non-compliance of the opportunities granted to the assessee. Accordingly, cost of Rs. 10,000 imposed on the assessee and matter remanded back to CIT(A).

Petition u/s. 7 admissible when interest amount exceeds 1 Crore: NCLAT Delhi

December 16, 2024 429 Views 0 comment Print

NCLAT Delhi held that petition under section 7 of the Insolvency and Bankruptcy Code, 2016 admissible when interest amount demanded by Financial Creditor is more than INR 1 Crore since financial debt means a debt alongwith interest.

Matter remanded as due to death of assessee no one responded during assessment proceeding

December 16, 2024 1845 Views 0 comment Print

ITAT Jaipur remanded the matter back to the file of AO since ex-parte order was passed due to non-appearance/ non-furnishing of response since assessee died during pendency of the proceedings.

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