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Judiciary

Gauhati HC Grants Stay as GST SCN Lacks Evidence of Wilful Suppression, Misstatement or Fraud

February 10, 2025 1602 Views 0 comment Print

Gauhati High Court stays GST notice against Bhagya Kalita, questioning jurisdiction under Section 74(1) of the CGST Act. Case to be heard on 09/12/2024.

Waiver of interest u/s 220 (2A) required co-existence of three condition mentioned therein: HC

February 10, 2025 2616 Views 0 comment Print

In the abovementioned matter HC observed that all three conditions mentioned in section 220 (2A) were not co-existed and hence writ petition is liable to be dismissed.

Section 271D Penalty: Limitation Period Commences from ITO’s Reference to Addl. CIT, Rules HC

February 10, 2025 1419 Views 0 comment Print

In the recent ruling Hon’ble HC have observed that penalty proceedings, initiated u/s 271 D is barred by delay & laches as period of limitation starts from the reference made by ITO to Addl. CIT.

Passing of final assessment order without prior approval u/s. 153D untenable

February 10, 2025 855 Views 0 comment Print

ITAT Raipur held that AO has passed the final assessment order u/s.143(3) r.w.s. 153B(b) of the Act without seeking a prior approval of the same by the Jt. CIT u/s. 153D of the Income Tax Act and hence the order so passed is liable to be quashed.

CBDT Must Grant Opportunity Before Rejecting Section 119(2)(b) Applications

February 9, 2025 3012 Views 0 comment Print

Bombay High Court quashes CBDT order denying delay condonation for Bharat Education Society, citing procedural lapses and lack of personal hearing.

Video Conferencing Not Granted as Further Clarification Was Unnecessary: No Violation of Natural Justice

February 9, 2025 1632 Views 0 comment Print

Bombay HC ruled on Anandkumar Dhanraj Rathod’s tax case, addressing natural justice claims and directing him to appeal the assessment order under IT Act.

Section 263 Invocation justified as AO passed order without Necessary inquiries

February 9, 2025 834 Views 0 comment Print

ITAT Chennai dismisses FLsmidth’s appeal, upholding PCIT’s order for reassessment due to lack of verification by AO.

CBDT Approval Must Be Explicit for Valid Orders: Bombay HC

February 9, 2025 813 Views 0 comment Print

Bombay HC quashes order by Additional CIT, emphasizing CBDT or its members must explicitly issue orders under Section 119(2)(b) of the Income Tax Act.

ITAT Mumbai: Sections 147/148 Apply even if AO not invokes Section 153C; ₹4.89 Cr Addition Upheld Under Section 68

February 9, 2025 5001 Views 0 comment Print

 ITAT Mumbai upholds addition under Section 68 of ₹4.89 Cr. Vijay Maneklal Bhansali’s appeal dismissed, citing lack of evidence on commodity transactions.

ITAT Chennai Remands ₹42.72 Lakh demonetization Cash Deposit addition Case to AO

February 9, 2025 807 Views 0 comment Print

ITAT Chennai sends ₹42.72 lakh cash deposit case back to AO for fresh assessment after assessee fails to justify deposits made during demonetization.

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