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Amount payable under SVLDRS cannot be more than amount confirmed vide OIO

February 28, 2023 939 Views 0 comment Print

Delhi High Court held that amount payable under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 ( SVLDRS ) cannot be more than the amount confirmed vide Order-In-Original.

Return from a Development Agreement in favour of land owner is capital gain

February 28, 2023 1524 Views 0 comment Print

CIT Vs Machino Techno Sales Ltd. (Calcutta High Court) Whether area sharing by the land owner is eligible to be treated as capital gains in a development agreement and not business income? The division bench of Calcutta high court in this case was considering appeal of department where the ITAT Kolkata benches held that the […]

Mere change of opinion does not provide jurisdiction for re-opening of assessment

February 27, 2023 1347 Views 0 comment Print

Reopening notice was issued without any tangible material. Mere change of opinion not provide jurisdiction to Revenue to re-open assessment.

Entertaining claims for period before obtaining approval of resolution plan is unjustified

February 27, 2023 1578 Views 0 comment Print

Delhi High Court held that as per law laid down by the Supreme Court in Ghanashyam Mishra, all dues including statutory dues shall stand extinguished and no proceedings in respect of dues for period prior to date on which approval to resolution plan is granted could be continued.

Writ not entertained as petitioner failed to use opportunity granted by department

February 27, 2023 834 Views 0 comment Print

Madras High Court held that writ petition not entertained as petitioner failed to make use of opportunities granted by the department to respond to the notices.

Reopening of assessment on the basis of change of opinion is untenable

February 27, 2023 2163 Views 0 comment Print

Bombay High Court held that reopening of assessment on the basis of change of opinion without reasons to indicate failure on the part of the petitioner to disclose truly and fully all the material facts is untenable in law.

Reopening of assessment without any new tangible material is unsustainable

February 27, 2023 870 Views 0 comment Print

Bombay High Court held that assessment order was passed after post considering the submission from the assessee regarding deduction under section 80P. Hence, reopening of assessment in absence of any new tangible material is unsustainable in law.

Gujarat HC quashed Section 148 notices for AY 2013-2014 & 2014-2015

February 27, 2023 27261 Views 0 comment Print

Keenara Industries Private Limited Vs ITO (Gujarat High Court) HC held that substituted provisions of sections 147 to 151 shall be applicable w.e.f. 01.04.2021, and as per First Proviso to Section 149, limitation as specified under unamended provision as it stood prior to 01.04.2021, shall be applicable. As per unamended provision prescribing limitation, no notice can […]

Refund of Excess VAT Collected by Way of TDS Under Works Contract – HC remands matter back to AO

February 27, 2023 582 Views 0 comment Print

Tripura High Court set aside impugned order and remanded back to the Respondents for passing the order after giving the petitioner a reasonable opportunity of being heard.

VAT: Opportunity of Hearing must Be Reasonable and not a Mere Formality

February 27, 2023 2346 Views 0 comment Print

Assessing Officer cannot pass an order on the basis of pure suspicion and surmised without giving reasonable opportunity of hearing the case which is sought to be made out in assessment order

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