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Judiciary

CESTAT Mumbai Sets Aside Service Tax Demand, Orders Fresh Review of Works Contract Exemptions

April 4, 2025 777 Views 0 comment Print

CESTAT Mumbai sets aside CGST order against Mira Construction, remanding the case for fresh examination of service tax exemptions under works contract services.

Reassessment Under Section 147 Invalid When Based on Search Findings

April 3, 2025 2169 Views 0 comment Print

ITAT Kolkata quashes reassessment u/s 147, stating that search-based findings must follow Section 153C. Read the full case details and judgment summary.

Mechanical Approval with Vague and Scanty Reasons is invalid: ITAT Kolkata

April 3, 2025 1401 Views 0 comment Print

ITAT Kolkata quashes assessment reopening in Sudha Surana case, citing lack of AO’s application of mind and invalid PCIT approval.

Failure to participate in appellate proceeding due to justifiable reasons: Matter restored

April 3, 2025 759 Views 0 comment Print

Accordingly, the A.O vide his order passed u/s.143(3) of the Act, dated 26.12.2018, after making the aforesaid addition determined the income of the assessee firm at Rs.20,98,730/-.

Refund of excess duty allowed as Bill of Entry was filed belatedly due to system error

April 3, 2025 717 Views 0 comment Print

CESTAT Chennai held that refund of excess duty paid is allowable since delay in filing of bill of entry was on account of system error. Thus, appeal of revenue dismissed and refund granted by lower authority upheld.

Passing of order u/s. 148A(d) without granting adjournment for furnishing reply is untenable

April 3, 2025 1377 Views 0 comment Print

Gujarat High Court held that passing of order u/s. 148A(d) of the Income Tax Act without considering reply filed by the petitioner by not granting adjournment time as prescribed u/s. 148A(b). Thus, order quashed and matter remanded back.

Recording of satisfaction note pre-requisite for initiating proceeding u/s. 153C: Madras HC

April 3, 2025 1179 Views 0 comment Print

Madras High Court held that the recording of satisfaction note is pre- requisite before initiating proceeding under section 153C of the Income Tax Act. In absence of the same, assessment order is liable to be quashed. Accordingly, appeal of the revenue is dismissed.

Revision u/s. 263 not tenable when AO has taken plausible view: ITAT Delhi

April 3, 2025 1227 Views 0 comment Print

The assessee is a private limited company. Post completion of assessment u/s. 143(3)/153A, reassessment u/s. 148 was initiated. However, AO accepted the contention of the assessee and passed order u/s. 143(3)/ 147.

Director of company can be prosecuted for non-remittance of TDS

April 3, 2025 627 Views 0 comment Print

Held that wherever a company is required to deduct tax at source and to pay it to the account of the Central Government, failure on the part of the company in deducting or in paying such amount is an offence under the Act and has been made punishable.

Rejection of application for registration u/s. 10(23C) for acts not yet undertaken is not justifiable

April 3, 2025 678 Views 0 comment Print

Since the status of assessee changed from society to Section 8 Company, it had filed an application in Form no.56D, on 11/04/2008, seeking grant of fresh approval u/s. 10(23C)(vi) of the Income tax Act, 1961.

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