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Non-consideration of petitioner’s reply: Delhi HC sets aside assessment order

July 14, 2023 630 Views 0 comment Print

The Delhi High Court has quashed an income tax notice in the case of Jagannath Haldar Through vs. PCIT. The court found that the Assessing Officer (AO) had not taken into account the petitioner’s reply while passing the order under Section 148A(d) of the Income Tax Act.

200% penalty cannot be imposed for mere Non-renewal of expired e-Way Bill

July 14, 2023 11067 Views 0 comment Print

Calcutta High Court quashed imposition of a 200% penalty on Bitumix India LLP for a violation related to an expired e-Way Bill. HC determined that while there was a violation, it was not grave enough to warrant such a high penalty. Instead, court directed appellants to pay a penalty of Rs. 50,000, which includes both CGST and WBGST.

Sale of High Speed Diesel at concessional sales tax without complying with mandatory requirement not proved

July 14, 2023 1635 Views 0 comment Print

Gujarat High Court dismissed the allegation of sale of High Speed Diesel to various private industries at concessional sales tax without complying with the mandatory requisite permission from the Ministry of Petroleum & Natural Gas. The said allegations were dismissed in absence of any evidence.

Blocking order under Information Technology Act are unassailable on doctrine of proportionality

July 14, 2023 1896 Views 0 comment Print

Karnataka High Court held that blocking order under Section 69A of the Information Technology Act, 2000 blocking the tweets/accounts for an indefinite period are unassailable on the doctrine of proportionality.

Property tax rate duly applied as non-use or close condition of property was never in knowledge of Corporation

July 14, 2023 699 Views 0 comment Print

Gujarat High Court held that factum of non-use and even handing over of tenancy and later resumption of possession was never in knowledge of Corporation. Further, valuation was undisputedly changed. Accordingly, the rate which was applicable at the relevant point of time is applied by the Corporation.

Calcutta HC Grants Stay on Reassessment Proceedings beyond 6 Years

July 14, 2023 1104 Views 0 comment Print

Calcutta High Court has granted a stay on initiation of reassessment proceedings beyond 6 years in case of RPC Commercial LLP. Court found that jurisdiction of assessing officer to issue notice under Section 148 of Income Tax Act was barred by limitation under Section 149(1)(a)/(1)(b).

Section 148A(b): Disclosure of materials on which AO formed opinion

July 14, 2023 3588 Views 0 comment Print

A comprehensive analysis of Udaan Hotels & Resorts vs Union of India case and its implications on disclosing assessment materials under Section 148A(b) of Income Tax Act.

Order passed u/s 148A(d) would remain subject to order to be ultimately passed in reassessment proceeding u/s 148

July 13, 2023 17721 Views 0 comment Print

Allahabad High Court held that the scope of decision u/s. 148A(d) of the Income Tax Act is limited to the existence or otherwise of information which suggests that income chargeable to tax has escaped assessment. The same would otherwise remain subject to reassessment order passed u/s 148 of the Income Tax Act.

Invocation of MSMED provisions in respect of Income Tax special audit remuneration is untenable

July 12, 2023 552 Views 0 comment Print

Delhi High Court held that in respect of Special Audit remuneration under section 142(2D) of the Income Tax Act invocation of provisions of MSMED Act not tenable and completely misplaced. Accordingly, the Income Tax Act would thus prevail over the provisions of the MSMED Act.

Calcutta High Court Verdict on Club Income Taxation & Principle of Mutuality

July 11, 2023 1302 Views 0 comment Print

Detailed review and analysis of the landmark judgment – Saturday Club Ltd Vs PCIT by Calcutta High Court concerning club income taxation and the principle of mutuality.

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