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Reopening of unabated assessment u/s. 153A without incriminating material is impermissible

December 17, 2024 432 Views 0 comment Print

ITAT Kolkata held that in terms of block assessment under section 153A of the Income Tax Act, reopening of unabated assessment without any incriminating material found with respect to concerned assessment year is impermissible in law.

Non-access to GST portal resulted into non-response to GST notice hence directed to deposit 25% of disputed tax

December 17, 2024 141 Views 0 comment Print

Madras High Court held that assessee is directed to deposit 25% of the disputed tax amount since the assessee was unable to access GST portal and respond to the notice issued. Accordingly, appeal disposed of.

Order passed without providing personal hearing is against principles of natural justice: Madras HC

December 17, 2024 198 Views 0 comment Print

Madras HC held that passing of order without providing opportunity of personal hearing is against principles of natural justice. Accordingly, order set aside and directed to provide an opportunity to the Petitioner to establish their case on merits.

Addition of gift received from son solely relying on unverified newspaper unsustainable: ITAT Mumbai

December 17, 2024 339 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 towards amount received as gift from son not justified since addition is made in a baseless manner, solely relying on unverified newspaper reports. Accordingly, appeal of revenue dismissed.

Loss on fixed deposit investments is capital loss: Telangana HC

December 17, 2024 228 Views 0 comment Print

Held that the deposits made by the assessee were in the nature of fixed deposit investments. Therefore, the loss suffered by the assessee when the bank went to liquidation is only a capital loss.

Revocation of customs broker license without providing relied upon document not justified: CESTAT Delhi

December 17, 2024 129 Views 0 comment Print

CESTAT Delhi held that revocation of customs broker license without providing relied upon documents and statements by the Inquiry Officer is against the principles of natural justice and hence the order deserves to be set aside.

Madras HC directed to deposit 25% of disputed tax due to non-response to GST notice

December 17, 2024 132 Views 0 comment Print

Madras High Court held that since petitioner failed to respond to notice issued for mismatch between GSTR-3B and GSTR-2A and non-payment of interest, it is directed that opportunity to explain discrepancies will be granted on payment of 25% of disputed tax.

Settlement Commission cannot re-open the concluded proceedings u/s. 154: Madras HC

December 17, 2024 207 Views 0 comment Print

Madras High Court held that in terms of section 245I, the Settlement Commission cannot re-open its concluded proceedings by invoking section 154 of the Act so as to levy interest under section 234B of the Income Tax Act.

Property not owned by Corporate Debtor cannot be sub-leased by liquidator without prior permission

December 17, 2024 264 Views 0 comment Print

NCLAT Delhi held that liquidator cannot create sub-lease over properties not owned by the corporate debtor without prior permission of concerned authority. Accordingly, action to sub-lease without specific permission is incorrect and illegal.

Delay in appeal due to attachment of office sufficient cause: ITAT Surat

December 17, 2024 192 Views 0 comment Print

ITAT Surat held that delay in filing of an appeal before CIT(A) since the assessee was displaced from his office due to attachment of office on account of some purported fraud committed by him is sufficient cause.

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