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Section 54F Exemption cannot be denied on residential property acquired by other than sale deed

February 26, 2023 18987 Views 0 comment Print

Section 54F exemption would be granted to assessee on its residential properties and assessee cannot be said to have not ‘Purchased’ properties for not having sale deed executed in its favour.

Credit of TDS to be allowed for salaries even if same is not deposited with exchequer

February 25, 2023 2655 Views 0 comment Print

HC held that, requirement is only for amount of TDS, and not amount eventually deposited with government after deduction and since Employer had deducted TDS from salary of assessee, TDS has to be allowed in intimation under Section 143(1) of Income Tax Act, 1961

No service tax liability on foreclosure charges collected by banks & NBFCs on premature termination of loans

February 25, 2023 3381 Views 0 comment Print

HC Held that, FC collected by banks or NBFC on premature termination of loans cannot be subject to service tax under Banking & Other Financial Services

Assessee should not be left without remedy due to non-constitution of GST Tribunal

February 25, 2023 1551 Views 0 comment Print

HC set aside order cancelling GST Registration of assessee due to non-filing of GST Returns for continuous period of 6 months, on the ground that GST Tribunal has not been constituted and assessee should not be left without remedy.

Assessee directed to file representation for release of blocked funds w.r.t. alleged non-payment of GST and excess availment of ITC

February 25, 2023 1044 Views 0 comment Print

Assessee directed by Madras HC to file representation for release of blocked funds w.r.t. alleged non-payment of GST & excess ITC availment

GST: HC directs revenue to provide opportunity of hearing to ensure natural justice

February 24, 2023 2397 Views 0 comment Print

HC held that, providing opportunity of hearing would ensure observance of rules of natural justice and allow Respondent to pass appropriate and reasoned orders in order to serve interest of justice and allow a better appreciation to arise at appeal stage.

Notice issued without sufficient reasons to initiate reassessment is not sustainable

February 24, 2023 2574 Views 0 comment Print

HC quashed section 148 notice issued without sufficient reasons to initiate reassessment proceedings without satisfying conditions precedent under Section 147

Revenue department cannot go beyond scope of SCN to create new ground at adjudication stage

February 23, 2023 4302 Views 0 comment Print

Order passed without providing opportunity of personal hearing to assessee. Hence, violative of principles of natural justice. Held that, SCN was vague & cryptic in nature and orders passed were beyond scope of SCN.

Mere ‘reason to believe’ not satisfy condition for reopening of assessment

February 23, 2023 1605 Views 0 comment Print

Revenue Department could only re-open an assessment beyond four years, if there was a failure on the part of assessee to disclose material facts fully and truly and not on the basis of reason to believe without satisfying jurisdictional condition required under provisions of Section 147

Penalty not leviable if there is reasonable cause for failure to get accounts audited

February 23, 2023 1644 Views 0 comment Print

ITAT delete penalty levied for failure to get accounts audited and for filing tax audit report belatedly, on the grounds that the assessee was prevented by reasonable cause due to its pathetic condition and heavy losses incurred in its business.

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