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Judiciary

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

December 20, 2024 1959 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.

ITAT Delhi remands Matter as CIT(A) Failed to Examine Section 148 Jurisdiction Validity

December 20, 2024 393 Views 0 comment Print

ITAT Delhi remanded the matter back to CIT(A) since CIT(A) failed to examined the validity of jurisdiction under section 148 of the Income Tax Act. Accordingly, order set aside and matter remanded back.

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

December 20, 2024 453 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.

Denial of relief u/s. 90 for delay in filing of Form 67 not justified: ITAT Kolkata

December 20, 2024 300 Views 0 comment Print

ITAT Kolkata held that since filing of Form 67 is procedural in nature, delay in filing of the same cannot be the reason for denial of relief under section 90 of the Income Tax Act. Accordingly, appeal allowed.

Interest from co-operative bank eligible for deduction u/s. 80P(2)(d): ITAT Kolkata

December 20, 2024 522 Views 0 comment Print

ITAT Kolkata held that CIT(A) rightly allowed interest earned from a co-operative bank as eligible for deduction under section 80P(2)(d) of the Income Tax Act. Accordingly, appeal filed by revenue dismissed.

Addition Not Sustained as No Incriminating Material Found & Assessment Completed on Search Date

December 20, 2024 354 Views 0 comment Print

ITAT Chandigarh held that no incriminating material found during course of search and assessment is completed during date of search hence addition under section 68 of the Income Tax Act not sustainable.

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

December 20, 2024 855 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.

Exporters Can Claim Notification Benefit Later for Reimported Goods if not availed initially

December 20, 2024 270 Views 0 comment Print

The goods were re-exported in April 2005 after Customs clearance. Customs authorities issued a show-cause notice alleging non compliance with Notification No.158/95 and demanded duties and interest.

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

December 20, 2024 696 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 231 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.

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