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Section 149

Latest Articles


Budget 2024: Rationalization of Income Tax Re-assessment Provisions

Income Tax : Discover the key amendments in the Finance (No.2) Bill, 2024, affecting income tax reassessment procedures under the Income-tax Ac...

July 25, 2024 1161 Views 0 comment Print

Section 194S: TDS on transfer of Virtual Digital Assets (VDA)

Income Tax : Understand Section 194S of the Income Tax Act, 1961. Learn about TDS on transfer of virtual digital assets (VDA), thresholds, tax ...

June 24, 2024 5367 Views 0 comment Print

Overt Act By Unlawful Assembly Members Sufficient For Murder Charge: SC

Corporate Law : In a landmark ruling, the Supreme Court clarified that an overt act by unlawful assembly members suffices for murder charges under...

February 13, 2024 318 Views 0 comment Print

Section 153A & 153C of Income Tax Act: Analysis & Implications

Income Tax : Delve into the provisions of Income Tax Act Sections 153A & 153C, governing assessments after search or requisition. Learn from co...

February 8, 2024 7503 Views 0 comment Print

Time Limits for Income Tax Notices under Section 149

Income Tax : Explore the intricacies of the time limits for issuing notices under Section 149 of the Income Tax Department with this article. F...

November 21, 2023 10122 Views 0 comment Print


Latest News


Budget 2024: Block Assessment provisions for Section 132 & 132A Searches

Income Tax : Learn about the new block assessment provisions for cases involving searches under section 132 and requisitions under section 132A...

July 23, 2024 546 Views 0 comment Print

Budget 2024: Amendments to Income-tax Assessment & Reassessment Provisions  

Income Tax : Discover how Finance Act 2021 revamped assessment and reassessment procedures under Income-tax Act, impacting notices, time limits...

July 23, 2024 1077 Views 0 comment Print


Latest Judiciary


Power to assess block period of ten years doesn’t apply to search conducted before 1st April 2017: Delhi HC

Income Tax : Delhi High Court held that in case of search, block period of ten years for search assessment, would not be attracted in case the ...

August 9, 2024 147 Views 0 comment Print

Date of receipt of seized documents relevant for reckoning block period of six AYs u/s. 153C: ITAT Delhi

Income Tax : ITAT Delhi held that in respect of assessment proceedings u/s. 153C of the Income Tax Act, block period of six assessment years ha...

July 24, 2024 174 Views 0 comment Print

Non-Filing of GST Return by Supplier – Assessment Reopening Validity- ITAT Mumbai Order

Income Tax : Read the detailed analysis of Karrm Infrastructure Pvt. Ltd. vs. CIT at ITAT Mumbai. Learn why ITAT ruled that non-filing of GST b...

July 17, 2024 1029 Views 0 comment Print

Delhi HC Invalidates Reassessment Notice, Upholds Section 149(1)(b) Time Limits

Income Tax : Delhi High Court rules that reassessment actions post-2021 searches must meet the First Proviso to Section 149(1) of the Income Ta...

June 14, 2024 1734 Views 0 comment Print

HC Mandates CBDT to Allow CG Power to File Revised Returns Based on Recast Financials

Income Tax : Bombay High Court deems CBDT's refusal to condone delay in filing revised ITR by CG Power post-NCLT order unreasonable. Detailed a...

May 25, 2024 660 Views 0 comment Print


Latest Notifications


Procedure for filing and processing of Bill of Entry amendment requests

Custom Duty : Learn how to file and process Bill of Entry amendments at Jawahar Lal Nehru Custom House. Get insights on self-approval and office...

February 23, 2024 4653 Views 0 comment Print


Section 302 IPC Offence Set Aside Due to Lack of Material for Common Object & Intention

November 1, 2023 495 Views 0 comment Print

Appellant’s conviction for the offence punishable under Section 302, read with Section 34 of IPC was set aside as there was no material to prove the existence of common intention which was the necessary ingredient of Section 34 of IPC.

Importer cannot be forced to follow non-beneficial provision: CESTAT Kolkata

October 30, 2023 510 Views 0 comment Print

Held that the importer is allowed to choose the more beneficial provision and cannot be forced to opt for / follow the non-beneficial provision. Accordingly, the goods in question Peas [Pisum Sativum] was present both in Sl No.20 and Sl No.20A of the basic Notification No.50/2017 Cus dated 30.6.2017 and hence assessee eligible to avail benefit of NIL rate of BCD.

NRI’s Foreign Bank Interest Not Taxable in India: ITAT Delhi

October 21, 2023 636 Views 0 comment Print

In a case involving Anand Persad Jaiswal, ITAT Delhi ruled that interest income earned by a non-resident Indian (NRI) from a foreign bank is not taxable in India under section 5(2) of the Income Tax Act.

Initiation of re-assessment based on material already on record is bad-in-law

October 16, 2023 2055 Views 0 comment Print

Madras High Court held that initiation of proceedings for reassessment under section 147 of the Income Tax Act based on material already on record and without new/ tangible information is bad-in-law and liable to be quashed.

Shipping bill amendment u/s. 149 allowed based on documents in existence at the time of export

October 6, 2023 1899 Views 0 comment Print

Delhi High Court held that amendment of shipping bill u/s 149 of the Customs Act, 1962 allowed based on the documentary evidences which was in existence at the time the goods were exported.

Drawback available on export of gold dore bars when only additional duty paid at the time of import

September 29, 2023 330 Views 0 comment Print

Delhi High Court held that drawback benefit is duly available on export of gold dore bars on payment of only additional duty under section 3 of the Customs Tariff Act at the time of import.

Circular 36/2010 Customs dated 23.09.2010 is ultra vires of section 149 of Customs Act

September 25, 2023 6054 Views 0 comment Print

Bombay High Court held that Para 3(a) of Circular No. 36/2010 Customs dated 23.09.2010 imposing time limits for amending shipping bills is ultra vires of Section 149 of the Customs Act, 1962.

Order dispatched beyond prescribed time limit is barred by limitation

September 19, 2023 1824 Views 0 comment Print

ITAT Delhi held that the date of dispatch from the adjudicating officer is relevant for determining the limitation period. Accordingly, assessment order dispatched beyond time limit prescribed u/s. 153(1) is barred by limitation.

Amendment to Bill of entry invoking provisions of section 149 without documentary evidences untenable

September 18, 2023 4170 Views 0 comment Print

CESTAT Bangalore held that section 149 of the Customs Act, 1962 allows amendment of a Bill of Entry after the clearance of the goods only on the basis of documentary evidences which were in existence at the time the goods were cleared for home consumption. In absence of the same, the amendment is unjustified.

ITAT Orders Fresh Adjudication: Section 68 Addition without allowing cross-examination

September 13, 2023 780 Views 0 comment Print

Analysis of the Shiv Charan Vs ITO case by ITAT Delhi, where a fresh adjudication was ordered on income tax addition u/s 68, focusing on procedural fairness.

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