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Impossible to mention registration u/s 12AB in ITR-7: ITAT remanded the matter to AO for considering registration u/s 12 A

January 6, 2025 3288 Views 0 comment Print

Before ITAT, it was submitted that it is impossible for the assessee to mention new registration number in ITR-7 as it was filed on 13.03.2022 and the same was obtained on 04.04.2022 after filing of ITR-7.

Assessee did not appear despite service of notice: ITAT imposed cost of Rs. 5,000

January 6, 2025 474 Views 0 comment Print

Assessee filed return for AY 2013-14 declaring Nil income. The case of the assessee was reopened based on information received from investigation unit that the assessee is one of the beneficiaries of accommodation entries and bogus LTCG.

Delay of 32 days was explained satisfactorily: ITAT remanded matter to CIT (A)

January 6, 2025 801 Views 0 comment Print

In the case abovementioned ITAT remanded the matter to CIT (A) after observing that delay of 32 days was explained satisfactorily. Assessee was salaried employee and not used to the proceedings of income-tax litigation.

Inadequate enquiry not give any right to CIT to revise assessment order: ITAT Surat

January 6, 2025 678 Views 0 comment Print

ITAT considered two issues on this aspect. Firstly, whether PCIT rightly exercised its revisional jurisdiction and secondly whether order u/s 263 was passed on merits regarding to the net foreign exchange gain.

Revision order u/s 263 was passed in name of deceased assessee: ITAT set-aside order

January 6, 2025 573 Views 0 comment Print

During the pendency of assessment proceedings assessee died and notice u/s. 142(1) dated 12.03.2022 has been issued to legal heir/representative of the assessee as per provisions u/s. 159.

Keeping application for VRS undecided for long time-SC allowed the same w.e.f. date of application

January 3, 2025 786 Views 0 comment Print

Hon’ble Allahabad HC allowed the writ petitions of the respondent, wh0 are doctor, and were terminated on ground of remaining absent from the service for along time. Before that all of the respondents applied for voluntarily retirement scheme (VRS). Order of termination was passed under article 311 (2) of the Constitution of India without holding any disciplinary enquiry. HC further held that clause (b) of the second proviso to Article 311(2) of the Constitution was not applicable.

Failure to respond to SCN but found correct on inspection: Delhi HC directed for fresh order

January 3, 2025 762 Views 0 comment Print

In a recent ruling Delhi HC quashed the order cancelling the registration of CGST after considering the report of GST-Inspector who observed that he firm was in fact functioning at the registered place of business and that sufficient stocks of goods had also been maintained.

Refusing petitioner as deemed owner without looking into online record through GISTIN not sustainable-Allahabad HC

January 3, 2025 816 Views 0 comment Print

Writ petitions are filed challenging the order under Section 129(3) of the UPGST by which the claim of the ownership of the petitioner on the goods detained has been rejected and the same has been passed in the name of the driver of the vehicle.

Sale Value on date of agreement date to be considered u/s 50C (1st proviso): ITAT

January 3, 2025 1827 Views 0 comment Print

On appeal before ITAT it was submitted that that the case of assessee has been squarely covered under First Proviso of Section 50C of the Act and thus the sale consideration fixed on date of agreement has to be considered as full valuation of consideration towards transfer of property.

Excise Refund can not be recovered without challenging refund order: CESTAT Chandigarh

January 3, 2025 957 Views 0 comment Print

Assessee was working under Notification No.56/2002-CE dated 14.11.2002 which provides for exemption from the duty of excise to specified goods cleared from industrial units in the State of Jammu & Kashmir to the extent of duty paid in cash by way of a refund mechanism, for a period of ten years from the date of publication of the notification or from the date of commencement of commercial production, whichever is later. During the scrutiny of ER-1 Returns

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