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Interest & Late Fee Applicable for Non-Deduction of TDS on BDA Site Allotment: Karnataka HC

March 18, 2025 828 Views 0 comment Print

Karnataka High Court held that interest under section 201 of the Income Tax Act and late filing fee under section 234E leviable for non-deduction of TDS from sale consideration paid to Bengaluru Development Authority [BDA] for allotment of made by BDA.

Survey Findings of One Year Cannot Be Applied to Other Years: Delhi HC

March 18, 2025 1065 Views 0 comment Print

Delhi High Court held that reassessment under section 148 of the Income Tax Act entirely based on course of survey not sustainable and liable to be quashed. Further, survey in particular year cannot be extrapolated to other years.

Statutory Pre-Deposit Refund Cannot Be Denied as Time-Barred: Jharkhand HC

March 18, 2025 2616 Views 0 comment Print

Jharkhand High Court held that rejection of refund of statutory pre-deposit merely because refund application was filed beyond section 54 of the Income Tax Act not justified as refund of pre-deposit is vested right of an assessee.

Refund for Period Before 13.07.2022 Unaffected by Notification No. 9/2022-Central Tax: Gujarat HC

March 18, 2025 2151 Views 0 comment Print

The petitioner is inter-alia, engaged in the manufacture and sale of edible oil. According to the petitioner, the rate of tax on output supplies made by the petitioner exceeds the rate of tax on input supplies.

Delhi HC dismisses writ against addition share application money as sham transaction

March 17, 2025 474 Views 0 comment Print

The Assessee is aggrieved by the information received pursuant to application under Right to Information Act, 2015, whereby the Assessee became aware that the Assessing Officer (AO) had not resumed proceedings in respect of AY 2007-08.

Revisionary action u/s. 263 based on factual misconception bad-in-law

March 17, 2025 498 Views 0 comment Print

ITAT Mumbai held that exercising revisionary jurisdiction under section 263 of the Income Tax Act by PCIT on the basis of factual misconception is liable to be quashed. Accordingly, appeal allowed and order u/s. 263 quashed.

Revisionary jurisdiction u/s. 263 not invocable as twin pre-conditions not satisfied

March 17, 2025 507 Views 0 comment Print

ITAT Ahmedabad held that assessment order passed u/s. 143(3) is neither erroneous nor prejudicial to the interest of revenue. Hence, revisionary jurisdiction u/s. 263 of the Income Tax Act not justifiable as twin pre-conditions not satisfied.

Voluntary Addition During Hearing is not Revising of Settlement Application: Gujarat HC

March 17, 2025 402 Views 0 comment Print

During pendency of the assessment proceedings, respondent No.1 filed application u/s. 245C(1) before the Income Tax Settlement Commission offering additional income of Rs.17 Crores for the assessment years from 2011-12 to 2017-18.

Writ dismissed as alternate and efficacious remedy available: Bombay HC

March 17, 2025 768 Views 0 comment Print

Bombay High Court held that exercising extraordinary jurisdiction under Article 226 of the Constitution of India not justified as alternate and efficacious remedy already available with the petitioner. Hence, writ petition dismissed.

Business not carried as proprietor went on holidays cannot result into cancellation of GST registration

March 17, 2025 714 Views 0 comment Print

Madras High Court held that cancellation of GST registration on account of non-carrying of any business not justified since business was temporary closed as proprietor had gone abroad during deepavali holidays.

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