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Reasons for non-appearance found to be genuine hence ex-parte assessment order set aside

April 10, 2023 1635 Views 0 comment Print

Kerala High Court sets asides the ex-parte impugned assessment order and directs the assessing authority to pass fresh orders as the reasons for non-appearance before AO in response to the notice for hearing are found to be genuine.

Denial of deduction u/s 11 for non-filing of Form No. 10B is unjustifiable

April 10, 2023 5154 Views 0 comment Print

ITAT Amritsar held that failure in furnishing of Form No. 10B is a procedural defect. Accordingly, denial of deduction u/s 11 of the Income Tax Act for such a defect is unsustainable in law.

Addition merely based on statement without confronting incriminating material has no evidentiary value

April 10, 2023 1356 Views 0 comment Print

ITAT Amritsar held that addition merely on the basis of statement taken at the time of locker operation without confronting the incriminating material or any other corroborative evidence has no evidentiary value u/s 292C.

Director’s nationality will not suffice as company incorporated, managed and controlled in UAE

April 10, 2023 1335 Views 0 comment Print

ITAT Rajkot held that Partner’s/Director’s nationality will not suffice the company’s residency as the company is incorporated in UAE and is managed and controlled only in UAE. Thus, it is a tax resident of UAE and, therefore, treaty between India and UAE (DTAA) is applicable

Apparent and obvious mistakes in return rectifiable by filing a rectification application u/s 154

April 10, 2023 2295 Views 0 comment Print

ITAT Rajkot held that apparent and obvious mistakes in the return can be rectified by filing an application under section 154 of the Income Tax Act. Accordingly, rejection of such application is unjustified.

Pre-bail granted in the event of arrest under the Prevention of Corruption Act, 1988

April 9, 2023 4299 Views 0 comment Print

Supreme Court directed release of appellant on bail in the event of Court chooses to remand them to custody under Prevention of Corruption Act, 1988.

Departmental appeal dismissed as time-barred on failure to establish date of receipt of order by reviewing authority

April 9, 2023 2235 Views 0 comment Print

CESTAT Chennai held that as department failed to provide any evidence to establish the date on which Order-in-Original was received by the reviewing cell. Hence delay in filing of appeal by department dismissed as time-barred.

Payment of late filing fees u/s 234E for tax deduction prior to 01/06/2015 unjustified

April 9, 2023 2685 Views 0 comment Print

ITAT Hyderabad held that notices issued under section 200A of the Act for computation and intimation for payment of late filing fees under section 234E of the Act relating to the period of tax deduction prior to 01/06/2015 are not maintainable.

Freezer deposits taxable in year of termination of agreement between supplier & distributor

April 9, 2023 1167 Views 0 comment Print

ITAT Cochin held that freezer deposits is taxable only on the year of termination of the agreement between the assessee (supplier) and the dealer/ distributor.

Writ accepted in case of cancellation of GST registration due to non-formation of GST Tribunal

April 9, 2023 1410 Views 0 comment Print

Andhra Pradesh High Court allowed the writ petition in the matter of cancellation of GST registration on account of non-filing of GST return as GST Tribunal has not been constituted.

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