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Non-issuance of notice u/s. 143(2) prior to finalizing re-assessment vitiates entire proceeding: ITAT Chennai

September 24, 2024 1026 Views 0 comment Print

ITAT Chennai held that failure to issue notice u/s. 143(2) of the Income Tax Act after issuing notice u/s. 147 and prior to finalizing the re-assessment vitiated the entire proceedings. Accordingly, order quashed.

Reinitiating reassessment on same set of reasons on which assessment already concluded is unsustainable

September 24, 2024 516 Views 0 comment Print

Delhi High Court held that reinitiating of reassessment action u/s. 148 of the Income Tax Act on the same set of reasons on which assessment proceedings had already been concluded is unjustified and hence liable to be set aside.

Deduction u/s. 80P(2)(d) admissible on interest earned from investment with Co-operative Banks: ITAT Mumbai

September 24, 2024 1290 Views 0 comment Print

ITAT Mumbai held that deduction under section 80P(2)(d) of the Income Tax Act admissible in respect of the interest on FDR and savings account earned by co-operating housing society from investment with the Co-operative Banks.

Works Contract Prior to 11.05.2002 Outside Central Sales Tax Act: Madras HC

September 24, 2024 381 Views 0 comment Print

Madras High Court held that work contracts undertaken prior to 11.05.2002 cannot be brought under the purview of the tax net under the Central Sales Tax Act, 1956. Accordingly, order set aside.

4% SAD leviable as benefit of exemption notifications not available on imported garment accessories: CESTAT Bangalore

September 23, 2024 483 Views 0 comment Print

CESTAT Bangalore held that benefit of notification no. 20/2006 dated 01.03.2006 and notification no. 21/2012-Cus. dated 17.03.2012 not available in case of import of garment accessories. Accordingly, 4% SAD leviable.

Matter referred to valuation officer but addition made without awaiting valuation report unsustainable

September 21, 2024 945 Views 0 comment Print

Madras High Court held that addition towards difference between purchase value and guideline value without awaiting report of valuation officer, as matter was referred to valuation officer, is clearly unsustainable.

Employee withdrew resignation before its acceptance by employer: Supreme Court

September 21, 2024 6945 Views 0 comment Print

Supreme Court held that employee has withdrawn his resignation before its acceptance by employer as there are clear indications that there was no finality to the letter of resignation.

Denial of refund as tax deducted by Land Acquisition Collector not reflected in Form 26AS unjustified

September 21, 2024 855 Views 0 comment Print

Delhi High Court held that deduction of tax by Land Acquisition Collector is duly, however, the same was not reflected in Form 26AS. Thus, petitioner cannot be penalized for mere reason that Form 26AS suffered from a discrepancy.

Proceeding for claims not part of resolution plan not permissible: Andhra Pradesh HC

September 21, 2024 519 Views 0 comment Print

Andhra Pradesh High Court held that claim not part of resolution plan stand extinguished on the date of approval of resolution plan and no person will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the resolution plan.

Matter rightly transferred to jurisdiction of place of business were incriminating material seized: Madras HC

September 21, 2024 492 Views 0 comment Print

Madras High Court held that matter rightly transferred from jurisdiction of registered office to place of business as search was conducted based on place of business and incriminating material were seized based on place of business.

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