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Appeal filing limit not extended as petitioner failed to exercise right of appeal within prescribed time limit

November 28, 2023 531 Views 0 comment Print

Kerala HC upholds tax demand as petitioner misses appeal deadline under Finance Act 1994, deems Order-in-Original valid. Read the full judgment.

Non-striking on irrelevant limb u/s 271(1)(c) vitiates entire penalty proceedings

November 28, 2023 603 Views 0 comment Print

ITAT Mumbai held that as the assessee should be aware of the exact charge for which the penalty proceeding has been initiated, non-striking on the irrelevant limb under section 271(1)(c) of the Income Tax Act vitiates the entire penalty proceedings.

Addition to capital account of partner sustained on failure to furnish supporting evidence

November 28, 2023 465 Views 0 comment Print

Kerala High Court held that addition to the capital account of the partner duly sustainable in law on account of failure of the assessee to furnish supporting evidence.

No default in payment of advance tax as seized cash offered to be treated as advance tax

November 28, 2023 774 Views 0 comment Print

Delhi High Court held that there was no default in payment of advance as seized cash was offered by the assessee to be treated as advance tax.

Initiation of proceedings against person other than searched person u/s 148 instead of 153C unsustainable

November 28, 2023 1911 Views 0 comment Print

ITAT Bangalore held that initiation of proceedings against the person other than the searched person under section 148, instead of section 153C, of the Income Tax Act is without any jurisdiction and hence held liable to be set aside.

Input tax credit eligible as GST registration sought from retrospective date

November 28, 2023 786 Views 0 comment Print

Madras High Court held that as GST registration sought from retrospective date, the input tax credit ought to have provided. Accordingly, impugned order directing to forego Input Tax Credit is unreasonable and cannot be sustained.

Bail rejected as applicant failed to prove him clean-handed in economic offences covering crores of proceeds

November 27, 2023 2229 Views 0 comment Print

Supreme Court of India rejected the bail application as applicant failed to prove him not guilty of the alleged economic offences wherein crores of proceeds of crime were transferred to the shell companies without any genuine business transaction.

Commissioner (A) inadvertently treated appeal as time barred hence matter remanded back

November 27, 2023 1026 Views 0 comment Print

CESTAT Kolkata held that Commissioner (A) inadvertently dismissed the appeal treating it as time barred as the adjudication order dated 23.07.2018 was communicated to the appellant on 05.08.2018. Accordingly, matter remanded back to Commissioner (A) for deciding the issue on merits.

Late fee u/s 234E for delayed filing of TDS return for A.Y. prior to 01.06.2015 unsustainable

November 27, 2023 9549 Views 0 comment Print

ITAT Bangalore held that no computation of fee u/s. 234E of the Act for delayed filing of return of TDS while processing a return of TDS u/s. 234E of the Act could have been made for tax deducted at source for the assessment years prior to 1.6.2015.

Deduction u/s 80HHC not available on profits earned on account of foreign exchange fluctuation

November 27, 2023 1023 Views 0 comment Print

Supreme Court held that profits earned on account of foreign exchange fluctuation cannot be included/ treated as derived from the business of export income. Accordingly, deduction under section 80HHC of the Income Tax Act not available.

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