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SC Upholds Time Limit under Section 38(3) for Refunds under Delhi VAT

May 9, 2024 1188 Views 0 comment Print

Explore how the Supreme Court’s ruling reinforces strict adherence to refund timelines under the Delhi Value Added Tax Act in the case of Commissioner vs FEMC Pratibha JV.

Reassessment Order under OVAT Act Must Not Rely Solely on Tax Evasion Reports

May 9, 2024 1074 Views 0 comment Print

Orissa High Court quashes reassessment order, ruling it cannot be based merely on tax evasion or audit reports, stressing the need for independent assessment.

No Penalty for Expenses Disallowed Ad Hoc or Due to some Missing Vouchers

May 9, 2024 1218 Views 0 comment Print

ITAT observed that the disallowance of expenses by the AO was on an estimate and ad hoc basis due to the absence of supporting evidence, rather than evidence of concealment of income. Referring to legal precedents, the ITAT emphasized that disallowance based on the magnitude of expenses or missing vouchers is insufficient to justify a penalty, especially without evidence of mala fide intent.

No section 270A penalty for addition on account of estimation of fair market value by Valuation Officer

May 9, 2024 4110 Views 0 comment Print

ITAT Mumbai rules penalty under Section 270A deleted as I-T authority failed to consider reasons for difference in sale consideration and stamp duty valuation.

Delhi HC quashes Refund rejection SCN and order issued by incompetent authority

May 9, 2024 1230 Views 0 comment Print

Delhi High Court directs reconsideration of refund application in Rahul Packaging Vs Union of India case. Find out how an incompetent authority issuing a Show Cause Notice impacted the judgment.

Completed assessments cannot be reopened without new material or grounds

May 9, 2024 1722 Views 0 comment Print

Delhi High Court quashes proceedings under Section 148 of the Income Tax Act initiated for reassessment in Akshita Jindal Vs ITO case. Detailed analysis and judgment.

Delhi HC Orders Re-Adjudication under CGST Act Section 73, Citing Violation of Natural Justice

May 9, 2024 1317 Views 0 comment Print

Delhi High Court directs re-adjudication of a CGST Act order due to lack of natural justice principles. Full text of the judgment provided.

Kerala HC quashes Re-Assessment Order for Denial of Virtual Hearing

May 9, 2024 555 Views 0 comment Print

Kerala High Court quashes re-assessment order under Income Tax Act, citing denial of virtual hearing due to formality. Read the detailed judgment.

Madras HC Directs GST Dept to Dispose of Rectification Petition | Roshan Fruits Case

May 9, 2024 423 Views 0 comment Print

In Roshan Fruits India Pvt Ltd vs Assistant Commissioner (ST), Madras High Court directs GST Dept to dispose of rectification petition regarding ITC availed within 1 month.

Book Entries & inadequate invoices Alone Insufficient for Proof of Asset Improvement Costs

May 9, 2024 669 Views 0 comment Print

ITAT upheld disallowance of the claimed expenditure, concluding that mere entries in books of account and inadequate invoices were insufficient to substantiate expenditure on property improvement.

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