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Penalty u/s. 271(1)(c) rightly set aside as AO not clear about applicability of particular limb

October 28, 2024 549 Views 0 comment Print

Jammu Kashmir High Court held that Tribunal rightly set aside penalty under section 271(1)(c) as AO not clear whether it was case of concealment of particulars of income or failure to furnish correct particulars of income.

Revisionary jurisdiction not sustained as AO took plausible and legally valid view: ITAT Ahmedabad

October 28, 2024 444 Views 0 comment Print

ITAT Ahmedabad held that revisionary jurisdiction under section 263 of the Income Tax Act cannot be invoked as AO exercised a plausible and legally valid view and revisionary jurisdiction cannot be invoked merely because PCIT holds a different view.

Bombay HC Dismisses Section 130 Customs Act Appeal Lacking Substantial Question

October 26, 2024 1041 Views 0 comment Print

Bombay High Court held that an appeal under Section 130 of the Customs Act can be entertained only if the High Court is satisfied that the case involves a substantial question of law. Thus, appeal dismissed as no substantial question of law arises in the appeal.

RTI Act exempts disclosure of personal information of employees: Delhi HC

October 26, 2024 1611 Views 0 comment Print

Delhi High Court held that order passed by Central Information Commission directed disclosure of information which is entirely personal information of employees is unsustainable in law since the same stands exempted from disclosure u/s. 8(1)(j) of the RTI Act.

Dismissal of Section 65 Application Filed Before sec 7 IBC Application Admission Unjustified

October 26, 2024 870 Views 0 comment Print

NCLAT Delhi held that dismissal of application u/s. 65 of the Code on the ground that application has been filed before the admission of the application under Section 7 of the Code is not sustainable.

Addition of Bogus Purchases Without Evidence Unsustainable: Bombay HC

October 26, 2024 2814 Views 0 comment Print

Bombay High Court held that addition of 10% of allegedly bogus purchases without any cogent or convincing evidence is not sustainable in law. Accordingly, impugned order set aside and appeal disposed of in favour of the assessee.

Assessment Order Quashed for Breach of Section 23(4) MVAT Provisions

October 26, 2024 933 Views 0 comment Print

Bombay High Court quashed the assessment order on account of breaching statutory provisions of section 23(4) of the MVAT; violation of the principles of natural justice and fair play, non-application of mind, and legal malafides.

Proceedings Quashed for Lack of Reason in GST Registration Cancellation Rejection

October 26, 2024 777 Views 0 comment Print

Held that in our view, since the orders revocating registration cancellation on the Petitioner’s application were passed contrary to the principles of natural justice, all the subsequent proceedings initiated thereafter, which are consequential, also have to be quashed.

Penalty Without Specifying Limb Under Section 271(1)(c) Quashed: ITAT Delhi

October 26, 2024 1140 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act not leviable as notice failed to specify under which limb penalty proceedings has been initiated. Thus, penalty levied u/s. 271(1)(c) deleted.

Madras HC Orders 25% Tax Deposit for one more opportunity of being heard

October 26, 2024 573 Views 0 comment Print

Madras High Court held that order is passed based on non-response to notice and hearing notice by the petitioner. Accordingly, order quashed with direction to the petitioner to deposit 25% of the disputed tax and direction to department to grant one more opportunity.

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