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Form 26B not required post issuance of Form 5 under VSV Act for refund: Allahabad HC

December 20, 2024 2208 Views 0 comment Print

The petitioner by submitting Form 1 & 2 dated 8.3.2021 applied for the settlement of disputed tax for F.Y. 2008-09 under the VSV Act, 2020 inter-alia indicating the amount payable under the VSV Act, 2020 at Rs.6,05,387/-.

Delay of nine years in filing refund application u/s. 119(2)(b) not condonable: Kerala HC

December 20, 2024 2334 Views 0 comment Print

The respondent/writ petitioner had approached the writ court impugning order passed by the Principal Commissioner, Income Tax rejecting the application filed by the respondent u/s. 119(2)(b) of the Income Tax Act, 1961.

Criminal Proceedings Against Liquidated Company’s Director Unjustified: Telangana HC

December 20, 2024 978 Views 0 comment Print

Telangana High Court held that initiation of criminal proceedings under Criminal Procedure, 1973 against petitioner not justified since petitioner was not director of the company which got liquidated prior to filing of the appeal.

Reassessment Based on Insight Portal Info Must Be Under Sections 147/148 if Section 153C Jurisdictional Conditions Are Not Met

December 20, 2024 2031 Views 0 comment Print

Assessee argued that AO lacked jurisdiction to initiate proceedings under Section 147/148 as the information derived from the search should had been assessed under Section 153C.

Denial of Capital Gain Exemption u/s 54F for Property Described as “Makaan” Justified Due to Brick-Kiln Construction

December 20, 2024 1080 Views 0 comment Print

Tribunal was justified in declining capital gain exemption under Section 54F  with respect to a property described as “makaan” (house) in the registered sale deed but in reality having a brick kiln construction.

GSTIN Cancellation Justified Due to Delayed GST Appeal Filing Beyond 1 Year u/s 107

December 20, 2024 1089 Views 0 comment Print

Assessee-trust was in distinct social activities in community welfare and development. It had received an SCN in Form-REG-31 regarding the cancellation of GST registration.

GST: Sanjoy Mallick vs UOI- Jurisdictional issue GST: Calcutta HC Grants Interim Stay

December 20, 2024 843 Views 0 comment Print

Calcutta High Court grants interim stay on tax demand under Section 73 of CGST Act, citing jurisdictional issues and precedents. Next hearing scheduled for Jan 2025.

Extension of Time Limit Not Applicable for Section 73 GST Orders for FY 2017-18

December 20, 2024 3870 Views 0 comment Print

Allahabad HC quashed GST orders for FY 2017-18 in A.V. Pharma Vs State of UP, citing expiry of the prescribed time limit under Section 73 of the CGST Act.

Matter was remanded as non-compliance was due to Karta of HUF died and notices sent to an outdated address

December 19, 2024 1128 Views 0 comment Print

Assessee challenged an income tax assessment order under Section 147 read with Section 144. Assessee represented a Hindu Undivided Family (HUF) who was Karta, Mr. M. Subramanian passed away on 15.01.2013.

No assessment or re-assessment can be made on a dead person: Madras HC

December 19, 2024 2205 Views 0 comment Print

Madras High Court held that it is settled law that no assessment or reassessment can be made on a dead person. Thus, order against the deceased assessee is liable to be set aside. Accordingly, petition allowed.

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