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Judiciary

Addition to items not forming part of reassessment not sustainable: ITAT Kolkata

December 22, 2024 1053 Views 0 comment Print

ITAT Kolkata held that in course of reassessment, AO concludes that no additions or modifications are warranted under these heads, it would not be entitled to make any additions in respect of other items forming part of original return.

Revenue Can’t Adjust Income Tax Refunds against Stayed Demand: Delhi HC

December 22, 2024 1377 Views 0 comment Print

Delhi High Court held that revenue/ department is not entitled to adjust the refunds granted to the petitioner against demand of tax that is stayed. Accordingly, department is directed to refund the amount due to the petitioner.

GST Appeal: Madras HC Orders 25% Deposit for Non-Reply & Non-Attendance

December 22, 2024 600 Views 0 comment Print

During the scrutiny of the petitioner’s monthly return, it was found that there was a short payment of taxes due to excess claim of Input Tax Credit and alleged mismatch between GSTR-3B and GSTR-2A/GSTR-2B.

Article 226 Jurisdiction Not exercisable for Disputed questions of Facts: Madras HC

December 22, 2024 570 Views 0 comment Print

Madras High Court held that jurisdiction under Article 226 of the Constitution of India cannot be exercised for examination of disputed questions of facts since entire basis of assessment order is on the basis of erroneous/ non-existent facts.

Madras HC Set aside Income Tax order for denial of hearing via Video Conferencing

December 22, 2024 465 Views 0 comment Print

Madras High Court held that non-provision of personal hearing through Video Conferencing, as opted by the petitioner, is against the principles of natural justice. Accordingly, order passed is liable to be set aside.

Reopening of assessment beyond period stipulated u/s. 149(1) not permissible: Delhi HC

December 22, 2024 960 Views 0 comment Print

Delhi High Court held that reopening of assessment under section 148 of the Income Tax Act beyond the period as stipulated under section 149(1) of the Income Tax Act is not permissible. Accordingly, notice issued beyond time limit set aside.

Madras HC directs Deposit of 25% of Disputed Tax for GST Hearing

December 22, 2024 450 Views 0 comment Print

Madras High Court held that since petitioner failed to reply to notice nor attended the personal hearing, it is directed to deposit 25% of the disputed tax and post deposit of the tax an opportunity of being heard will be granted.

Deduction u/s. 80P(2)(d) allowable towards interest from deposits with co-op banks

December 21, 2024 5880 Views 0 comment Print

ITAT Ahmedabad held that interest income earned from deposits with co-operative banks is allowable as deduction under section 80P(2)(d) of the Income Tax Act. Accordingly, the appeal is allowed.

Adjudication proceedings cannot be kept pending for years: Delhi HC

December 21, 2024 3318 Views 0 comment Print

Delhi High Court held that adjudication proceedings under Customs Act, 1962; the Finance Act, 1994 and Central Goods and Services Tax, 2017 cannot be kept pending for years and decades together.

Disallowance of deduction u/s. 54F merely due to delay in completion of construction not justifiable

December 21, 2024 2514 Views 0 comment Print

ITAT Ahmedabad held that delay in the completion of construction of the house will not be a bar to the assessee for claiming the exemption provided u/s.54F of the Income Tax Act. Accordingly, deduction granted.

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