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Bogus purchase treatment in a year doesn’t make it bogus in all years: ITAT Kolkata

December 4, 2024 891 Views 0 comment Print

ITAT Kolkata held that treating purchases from concern as bogus merely because for another year purchases from the said concern were treated by AO as bogus is not justified since in relevant year AO duly treated the purchases as genuine.

Non-compliance to Appellate Authority hearing notices due to inadvertence condoned: ITAT Kolkata

December 4, 2024 591 Views 0 comment Print

The appellant are that the assessee being a public charitable Trust engaged in running an educational institution in the name of Batanagar Institute of Engineering, management and Science.

Delay of three years in approaching Court without sufficient cause not tenable: Chhattisgarh HC

December 4, 2024 720 Views 0 comment Print

Chhattisgarh High Court held that delay of three years in approaching Court without explaining sufficient cause for the delay is not justifiable. Also held that mere filing of representation is not sufficient cause to explain the delay. Thus, petition dismissed.

Section 249(4)(b) mandates that appeal not to be admitted unless advance tax is paid: ITAT Ahmedabad

December 4, 2024 1065 Views 0 comment Print

AO observed that there was substantial undisclosed income, as the assessee admitted to unaccounted business income amounting to Rs.3,50,04,000/- during the search proceedings but did not file a return for the assessment year 2014-15.

Seized material used in assessment proceeding is to be shared with assessee: Karnataka HC

December 4, 2024 936 Views 0 comment Print

It is submitted that the specific request of the petitioner for furnishing the entirety of the statements made as also the seized material, has not been accepted in its entirety and only the portions of statements were made available which has prejudiced the petitioner.

Non-assumption of jurisdiction u/s. 153C doesn’t oust recourse to section 147: Delhi HC

December 4, 2024 1647 Views 0 comment Print

Delhi High Court held that as AO didn’t assume jurisdiction under section 153C of the Income Tax Act, recourse to section 147 of the Income Tax Act for reassessment proceedings justified. Accordingly, appeal by revenue allowed.

Non-response to notice due to bonafide reasons justified hence matter remanded: Karnataka HC

December 4, 2024 441 Views 0 comment Print

Karnataka High Court remanded the matter back to the Assessing Officer since non-response to notice issued under section 148A(d) of the Income Tax Act by the petitioner was due to bonafide reasons, unavoidable circumstances and sufficient cause.

Coating machine classifiable under Customs Tariff Item 8422 30 00: CESTAT Mumbai

December 4, 2024 957 Views 0 comment Print

The said SCN was adjudicated by the learned Commissioner of Customs in the impugned order by confirming the proposals made in the SCN. Feeling aggrieved with the impugned order, the appellants have filed these appeals before the Tribunal.

Co-insurance premium and re-insurance commission not taxable under GST: Madras HC

December 3, 2024 1872 Views 0 comment Print

Madras High Court held that the co­insurance premium and re-insurance commission would not be considered as supply and hence not liable to pay GST. Thus, amount deposited by petitioners are entitled for refund.

Writ to evade payment of statutory deposit during pendency of statutory appeal not permissible

December 3, 2024 786 Views 0 comment Print

The petitioner, aggrieved by the Assessment Order filed an appeal before the Commissioner’s Office and it is submitted that the appeal is presently pending but no effective order has been passed thereon.

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