Clause (ix) of the Explanation to Section 153B could not be invoked to exclude the period of reference under the Indo-Swiss DTAA, if the reference itself was invalid. Thus, no request could be made by Department for information relating to period prior to 01.04.2011 in terms of the Indo-Swiss DTAA.
Telangana High Court held that law of limitation [Limitation Act, 1963] applies even for claims under the Interest on Delayed Payment to the Small Scale and Ancillary Industrial Undertakings Act, 1993. Accordingly, instant appeal stands partly allowed.
ITAT Bangalore held that once the audit report filed in form 10B to be available with the Assessing Officer before the assessment proceedings take place, the requirement of Law is satisfied. Thus, exemption under section 11 of the Income Tax Act allowed.
ITAT Delhi held that amount withdrawn by the assessee in the capacity of the partner from the partnership firm cannot be treated in the nature of loan and advance and cannot be covered within meaning of deemed dividend under section 2(22)(e) of the Income Tax Act.
ITAT Mumbai held that no addition under section 43CA of the Income Tax Act warranted due to difference between stamp duty value and sale consideration is less than tolerance band of 10% as per proviso to section 43CA. Also held that amendment providing tolerance band of 10% is retrospective in nature.
Orissa High Court rules COVID-19 period extends GST appeal limitation, setting aside rejection based on delay. Directs appeal hearing on merits.
Kolkata ITAT nullifies NFAC’s duplicate assessment order for AY 2015-16, citing miscommunication after assessee’s appeal was already resolved.
Madras High Court rules an advertising firm’s failure to check the GST portal’s ‘additional notice’ tab isn’t fatal, quashing demand and appeal dismissal. Sets precedent.
Orissa High Court dismisses a writ petition, holding that a litigant cannot take contradictory stands after being granted liberty to pursue a statutory appeal.
Allahabad High Court rules filing a certified copy under GST Rule 108 is not mandatory if appeal is filed electronically with relevant records. Cites Delhi HC precedent.
