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Judiciary

Issuance of notice mandatory before an adverse conclusion arrived in assessment order: Madras HC

December 21, 2024 993 Views 0 comment Print

It is mainly contested that invocation of jurisdiction under Section 148 of the Act was beyond the period of limitation under Section 148 read with Section 147 of the Act as there was no suppression of facts by the petitioners.

Each and every addition cannot be base for levy of penalty u/s. 271(1)(c): ITAT Surat

December 21, 2024 1452 Views 0 comment Print

ITAT Surat held that each and every addition cannot be a basis for levying a penalty under section 271(1)(c) of the Income Tax Act. There has to be deliberate furnishing of inaccurate particulars or concealed income for levy of penalty.

Customs Broker doesn’t have expertise to identify mis-declaration of goods: CESTAT Mumbai

December 21, 2024 849 Views 0 comment Print

The appellants herein is a Customs Broker (CB). In pursuance of specific intelligence regarding customs duty evasion in import consignment CFS was put on hold and further investigation ware carried out.

Rejection of GST Refund for Second Application Beyond Statutory Time Limit Unjustified

December 21, 2024 1959 Views 0 comment Print

Kerala High Court held that rejection of the application for refund on the ground that the second application filed by the petitioner was beyond the time specified in sub-section (1) of Section 54 of the CGST/SGST Acts cannot be sustained in law.

Adoption of section 50C justified on difference in sale consideration in sale deed and stamp value adopted by officer

December 21, 2024 10380 Views 0 comment Print

ITAT Bangalore held that once the sale consideration mentioned in the sale deed differs from the stamp value adopted by the officer, AO has to adopt the procedures contemplated u/s. 50C of the Act. Accordingly, appeal filed by the assessee dismissed.

Ex-parte order set aside as non-production of documents before lower authorities duly explained

December 21, 2024 1428 Views 0 comment Print

ITAT Ahmedabad held that assessee satisfactorily explained non-production of documents before lower authorities. Accordingly, ex-parte order passed is set aside and matter is remanded back to AO for fresh consideration.

Disallowance u/s. 14A while computing book profit u/s. 115JB not justifiable: ITAT Mumbai

December 21, 2024 660 Views 0 comment Print

ITAT Mumbai held that there is no relation of disallowance u/s. 14A while computing the book profit u/s. 115JB. Thus, lower authorities were not correct in adding notional expenditure as computed u/s. 14A and increasing the book profit by that sum u/s. 115JB.

Section 270A Penalty Notice Without specifying Specific Charge Invalid: ITAT Chennai

December 21, 2024 4578 Views 0 comment Print

ITAT Chennai held that notice u/s 274 r.w.s.270A of the Act was not a valid notice for the reason that the AO did not specify the satisfaction as to whether assessee had either ‘under reported the income or ‘misreported the income’.

Deposit of 25% of disputed tax directed due to non-response to GST notice: Madras HC

December 21, 2024 723 Views 0 comment Print

Madras High Court held that as requested by the petitioner, an opportunity of heard will be granted on payment of deposit of 25% of the disputed tax amount since petitioner failed to respond to notice in DRC-01.

Furnishing of ‘C’ Forms Not Required for Lesser Tax Rate Goods: AP HC

December 21, 2024 1800 Views 0 comment Print

Andhra Pradesh High Court sets aside VAT Tribunal’s order on inter-state sales tax dispute of Quantum Engineers, remands case for reassessment.

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