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Liability of signatory in cheque dishonour not absolved because of resolution proceedings against company

October 17, 2024 810 Views 0 comment Print

Directors/ signatories cannot escape from their penal liability by citing its dissolution, only the accused company is dissolved and director/signatory cannot be permitted to go scot-free after the approval of resolution plan.

Rejection of claim of input tax credit based on web report without complying with circular no. 5/2021 untenable

October 17, 2024 1071 Views 0 comment Print

Madras High Court held that order passed rejecting the claim of Input Tax Credit on the basis of the web report set aside for fresh consideration since order was passed without complying with procedure stipulated in circular no. 5/2021 dated 24.02.2021.

ED Arrest Legal Under Section 19 of PMLA Act: Officer Followed Protocol

October 17, 2024 930 Views 0 comment Print

Since an Arresting Officer had conveyed his intention, reasons, grounds and believe to arrest assessee, the order of grounds of arrest was in conformity with the requirement of Section 19 of PMLA Act.

Anonymous donation by religious and charitable trust is exempt from tax: Bombay HC

October 17, 2024 2142 Views 0 comment Print

Bombay High Court in the case of Shree Sai Baba Sansthan Trust held that anonymous donation received by religious and charitable trust is entitled to benefit of an exemption from tax under section 115BBC(2b) of the Income Tax Act.

Order deemed to be erroneous as passed without making necessary inquiries and verification

October 17, 2024 1221 Views 0 comment Print

Delhi High Court held that CIT has rightly held that assessment order was passed without making necessary inquiries and verification hence in terms of clause (a) of Explanation 2 to Section 263, the assessment order is deemed to be erroneous in so far as it is prejudicial to the interests of the revenue.

Input tax credit beyond period prescribed u/s. 16(4) needs to be re-visited post Finance Act, 2024 amendment: Madras HC

October 17, 2024 801 Views 0 comment Print

Madras High Court held that rejection of input tax credit on the ground that claim has been lodged beyond period prescribed u/s. 16(4) of the GST Act needs to be re-visited in view of section 16(5) inserted vide section 118 of the Finance (No. 2) Act, 2024.

Levy of penalty u/s. 271D without recording any satisfaction untenable: Andhra Pradesh HC

October 17, 2024 1530 Views 0 comment Print

Andhra Pradesh High Court held that levy of penalty under section 271D of the Income Tax Act untenable since AO didn’t record any satisfaction to the effect that provisions of section 269SS of the Income Tax Act are violated.

Petitioner denied Right to Explain Cash Deposit of ₹63.7 Lakhs: HC Quashes Assessment Order

October 17, 2024 630 Views 0 comment Print

Karnataka HC quashes income tax assessment and penalty orders due to non-service of show cause notice (SCN) under Section 148A(b), allowing fresh reply opportunity.

Karnataka HC Condones Delay in Filing ITR by 2 Hours 38 Mins & 26 Seconds

October 17, 2024 657 Views 0 comment Print

Karnataka HC quashes CBDT order under Section 119(2)(b) and condones 2-hour delay in ITR filing due to genuine hardship. Returns for AY 2019-20 to be processed.

Madras HC Directs Consideration of CVD Exemption for Silk Imports

October 17, 2024 576 Views 0 comment Print

Madras HC orders Customs to consider CVD exemption on silk fabric imports from China under Section 149 of Customs Act within six weeks. No costs imposed.

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