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Rathi

Latest Posts by Rathi

Matter remanded for unexplained Cash Deposit ₹49.50 Lakh for verification

February 8, 2025 69 Views 0 comment Print

Addition against unexplained cash deposit of ₹49.50 lakh was remanded back to AO for verification if the deposits were from business activities, the addition under Section 69A could not stand.

Interest on delayed Income Tax Refunds arising from excess Self-Assessment Tax allowable

February 8, 2025 75 Views 0 comment Print

As the AO had not allowed certain credits of advance tax, TDS and also interest on excess payment of self-assessment tax, assessee filed an appeal before CIT(A) who issued necessary directions to the AO.

Dismissal of writ appeals for non-exhaustion of alternate remedy of appeal in GST

February 7, 2025 105 Views 0 comment Print

Appellant should pursue the alternate remedy of appeal, even if it involved depositing tax as writ jurisdiction should be exercised only in the absence of an effective alternative remedy.

Criminal acquittal did not automatically clear someone in a workplace disciplinary action, minor penalty was imposable

February 5, 2025 108 Views 0 comment Print

Respondent had already reached the age of superannuation and he worked under pressure, penalty of dismissal was disproportionate to the misconduct established against the respondent and his unblemished career for a long time.

TDS and Advance Tax Credits was allowable for Amalgamated Company as per section 199 r/w 198

February 5, 2025 279 Views 0 comment Print

Assessee also pointed out that the income from these credits was included in its accounts for the year and taxed accordingly. A claim for interest under section 244A for the short refund was also raised.

Assessee entitled to raise objections u/s 264 and 246A even if not raised during original assessment proceedings

February 3, 2025 246 Views 0 comment Print

Respondents submitted that the impugned orders did not suffer from any irregularity or illegality warranting interference under Article 226 of the Constitution of India.

No liability to pay tax due on Secretary of Society as Society was not an ‘Association of Persons’ u/s 2(84) of CGST Act

February 3, 2025 135 Views 0 comment Print

Under a notice, the Sub-Registrar, Chodavaram, Anakapalli District was informed about the arrears of the Society and the requirement to attach the properties of assessee, for recovery of such dues.

No addition u/s 69A for unexplained cash loan as assessee provided sufficient evidence

February 3, 2025 210 Views 0 comment Print

Addition made under Section 69A for an alleged unexplained cash loan was not justified as assessee provided evidence of receiving the loan through banking channels and not through cash.

Reopening notice u/s 148A was valid if assessee failed to avail of opportunities to respond to same

February 3, 2025 381 Views 0 comment Print

Reopening of notice under section 148A(b) was valid as assessee was served notices both physically and via email and assessee had been granted sufficient opportunity to respond to the notice however, assessee failed to avail the opportunity granted.

No TDS u/s 194H as amount retained by e-commerce platforms were service fees and not commissions

February 3, 2025 141 Views 0 comment Print

Assessee was not liable to deduct TDS under section 194H as relationship between e-commerce platform and  assessee was not of an agency but that of two independent parties on principal to principal basis.

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