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Judiciary

Reassessment notice issued u/s. 148 beyond six years is time barred: ITAT Mumbai

March 10, 2025 8133 Views 0 comment Print

ITAT Mumbai held that notice under section 148 of the Income Tax Act issued after a period of six years is barred by limitation. Accordingly, assessment proceedings under section 147 is liable to be quashed.

Proceedings u/s. 153C cannot be triggered without formation of opinion by AO of non-searched person

March 10, 2025 987 Views 0 comment Print

Delhi High Court held that Section 153C as application at relevant time didn’t contemplate two tier recordal of satisfaction. Thus, proceedings u/s. 153C couldn’t have been triggered mechanically without formation of opinion by AO of non-searched person.

No export duty payable on Indian Refractory Mortar classifiable under CTH 38160000

March 10, 2025 573 Views 0 comment Print

CESTAT Kolkata held that Indian Refractory Mortar is classifiable under CTH 38160000 and not under CTH 2610. Thus, no export duty payable on the same. Accordingly, appeal of the revenue dismissed.

Directors Not automatically Liable for Company’s wrongful Acts Without Direct Involvement

March 10, 2025 852 Views 0 comment Print

High Court failed to examine whether the complaint, even if taken at face value, established the personal liability of the directors under the Punjab Land Preservation Act, 1900.

No addition u/s 69B as seized quantity of jewellery was under the Limit prescribed by Circular No. 1916

March 10, 2025 1020 Views 0 comment Print

It was held that considering the provisions of CBDT Circular No. 1916 and the explanation provided by the assessee, the seized gold jewellery up to the specified thresholds for each family member should be treated as explained.

Initiation of reassessment against non-existing company not sustainable

March 10, 2025 921 Views 0 comment Print

Bombay High Court held that reassessment proceeding u/s. 148 initiated against non-existing company is not sustainable in law in as much as the department was already informed about the merger. Accordingly, notice quashed.

No Section 40a(ia) disallowance for non-deduction of TDS if recipient already paid the taxes

March 10, 2025 11142 Views 0 comment Print

ITAT Kolkata addressed TDS disallowance and procedural compliance in PBN Constructions Pvt. Ltd. Vs DCIT. Analysis includes judicial precedents and key findings.

Penalty u/s. 271D deleted as cash payment made at one go before sub-registrar: ITAT Amritsar

March 10, 2025 14187 Views 0 comment Print

ITAT Amritsar held that there is no violation of provisions of section 269SS of the Income Tax Act when cash payment was made at one go before sub-registrar at the time of registration of sale deed. Accordingly, penalty under section 271D deleted.

Tax Dept cannot take a Different View in subsequent years without providing valid reasons

March 9, 2025 4704 Views 0 comment Print

ITAT Pune remands the appeal of Mula Parisar Serva Seva Sangh regarding TDS refund claim for 2018-19, citing past precedents.

ITAT Chennai Sets Aside Section 80G Registration Rejection, Cites Short Notice

March 9, 2025 702 Views 0 comment Print

ITAT Chennai sets aside CIT(E)’s rejection of 80G registration for SKNNSM Society, citing inadequate time for response. Case sent for fresh adjudication.

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