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Section 271(1)(c) Penalty Unsustainable if underlying quantum additions are under reassessment

February 11, 2025 33 Views 0 comment Print

ITAT Agra restores penalty appeal in Devendra Kumar Dubey Vs ITO for reassessment by CIT(A). Case highlights concealment penalty of ₹34,803 under Section 271(1)(c).

Section 153C cannot extend indiscriminately to Multiple AYs: Delhi HC

February 11, 2025 2190 Views 0 comment Print

Delhi High Court rules on Section 153C notices for AYs 2014-15 to 2020-21 in Dev Technofab Limited Vs DCIT, citing lack of incriminating material for reopening assessments.

Section 269SS Not Applicable to Broker Acting as Agent or Facilitator of Payment

February 11, 2025 3039 Views 0 comment Print

ITAT Chennai ruled that brokers facilitating land deals are not liable under Section 269SS as they act on behalf of clients and do not receive payments in their own right.

HC directs GST authorities to Decide on Refund Application & Risky Exporter Status

February 11, 2025 93 Views 0 comment Print

Kerala HC orders IGST refund decision within two months, reviewing the petitioner’s “risky exporter” status. Refund claim pending since 2022 under GST rules.

GST Refund for Contractor Approved Despite Locked Payment System

February 11, 2025 54 Views 0 comment Print

Orissa HC directs refund of GST differential amount for a contractor despite a locked payment system, ensuring reimbursement within six weeks.

SC Upholds Invalidity of Section 153C Notices Lacking Proper Satisfaction Note

February 11, 2025 405 Views 0 comment Print

Supreme Court confirms that Section 153C notices issued without a valid satisfaction note are invalid, aligning with the Delhi High Court’s decision in PCIT vs. Dev Technofab Ltd.

Madras HC Quashes GST Penalty for Lack of Show Cause Notice

February 11, 2025 420 Views 0 comment Print

Madras HC sets aside GST penalty as no show cause notice was served or uploaded on GST portal before goods detention. Penalty amount to be adjusted in tax returns.

Telangana HC Denies Agricultural Income Exemption for Uncultivated Land

February 11, 2025 126 Views 0 comment Print

Telangana HC upholds tax addition under Section 69A, ruling that the assessee’s land was not under cultivation, rejecting agricultural income exemption claim.

ITAT Mumbai deletes Addition of Contingent Liability of ₹4,10,88,888

February 11, 2025 126 Views 0 comment Print

ITAT Mumbai upholds CIT(A) order favoring Fitrite Packers, dismissing Revenue’s appeal over disallowances related to penalty and contingent liability.

Impounded Documents & Lapse of CA: ITAT Quashes Section 271B Penalty

February 11, 2025 93 Views 0 comment Print

ITAT Pune quashes ₹1,50,000 penalty u/s 271B, citing reasonable cause for delayed tax audit due to impounded records and auditor unavailability.

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