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Prosecution for non-furnishing of return not sustained due to relief available under proviso to section 276CC

November 29, 2023 5325 Views 0 comment Print

Madras High Court held that initiation of prosecution for the offence punishable u/s. 276CC of the Income Tax Act cannot be sustained as proviso to section 276CC grants relief to assessee when tax payable determined by regular assessment, as reduced by advance tax paid and TDS, does not exceed Rs.3,000/-.

Section 12A, 12AA & 12AB registration cancellation: HC dismisses writ as appellant suppressed material facts

November 29, 2023 5802 Views 0 comment Print

Delhi High Court dismisses Environics Trust’s writ challenging the IT Act reassessment order. Detailed analysis of the judgment and key legal arguments.

Notice set aside as reasonable opportunity of reply not granted

November 28, 2023 4158 Views 0 comment Print

Madhya Pradesh High Court held that time gap of 8 days between show cause notice and impugned order reveals that reasonable opportunity of reply to show cause notice not granted. Accordingly, the show cause notice and order thereof set aside.

AO not entitled to commence proceedings for reassessment based on change of opinion

November 28, 2023 1005 Views 0 comment Print

Bombay High Court held that AO is not entitled to commence proceedings for reassessment under section 147 of the Income Tax Act based on change of opinion as material facts are fully and truly disclosed.

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

November 28, 2023 897 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.

Delhi HC Set-Aside Order with Unspecified GST Registration Cancellation Reasons

November 28, 2023 1035 Views 0 comment Print

Delhi High Court’s ruling in VAB Apparel LLP vs Commissioner, setting aside GST registration cancellation order for non-specification of reasons for GST registration cancellation.

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

November 28, 2023 711 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 1185 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.

Input tax credit eligible as GST registration sought from retrospective date

November 28, 2023 1071 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.

GST order passed without Hearing Opportunity is contrary to section 75(4)

November 28, 2023 1542 Views 0 comment Print

Dive into Viswkarma Furniture’s legal battle against U.P.G.S.T. Act. Analysis of orders, violation of Section 75(4), and court’s directive for a fresh notice.

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