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Judiciary

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

December 20, 2024 1038 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 675 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.

CIT(A) Order Without Merits-Based Reasoning Violates Section 250(6)

December 20, 2024 1140 Views 0 comment Print

AO observed that Wealth Tax Act was already abolished from financial year 2015-16, and the details of the assets were now required to be filed in the Income-tax Return for the assessment year.

GST: Sanjoy Mallick vs UOI- Jurisdictional issue GST: Calcutta HC Grants Interim Stay

December 20, 2024 798 Views 0 comment Print

Calcutta High Court grants interim stay on tax demand under Section 73 of CGST Act, citing jurisdictional issues and precedents. Next hearing scheduled for Jan 2025.

Extension of Time Limit Not Applicable for Section 73 GST Orders for FY 2017-18

December 20, 2024 3744 Views 0 comment Print

Allahabad HC quashed GST orders for FY 2017-18 in A.V. Pharma Vs State of UP, citing expiry of the prescribed time limit under Section 73 of the CGST Act.

Matter was remanded as non-compliance was due to Karta of HUF died and notices sent to an outdated address

December 19, 2024 1086 Views 0 comment Print

Assessee challenged an income tax assessment order under Section 147 read with Section 144. Assessee represented a Hindu Undivided Family (HUF) who was Karta, Mr. M. Subramanian passed away on 15.01.2013.

Ex-parte order set aside and cost imposed on assessee for non-compliance and procedural delay

December 19, 2024 4956 Views 0 comment Print

ITAT Ahmedabad imposed cost of Rs. 5,000 on the assessee due to non-compliance and procedural delay. Accordingly, ex-parte order passed by CIT(A) set aside and matter remitted back to CIT(A).

No assessment or re-assessment can be made on a dead person: Madras HC

December 19, 2024 2145 Views 0 comment Print

Madras High Court held that it is settled law that no assessment or reassessment can be made on a dead person. Thus, order against the deceased assessee is liable to be set aside. Accordingly, petition allowed.

Payment of 25% of disputed tax directed due to non-compliance against GST notice: Madras HC

December 19, 2024 678 Views 0 comment Print

Madras High Court held that due to non-compliance against notice issued in DRC-01A, the petitioner is directed to deposit 25% of the disputed tax and petitioner will be granted opportunity of being heard on payment of the amount.

High Court wrongly considered matter u/s. 10(20) instead of section 11 and 12 hence matter remanded

December 19, 2024 309 Views 0 comment Print

Supreme Court held that Rajasthan High Court not justified in dismissing the appeal by considering matter under section 10(20) since it was the case of section 11 and 12 of Income Tax Act. Accordingly, order set aside and remanded back for fresh consideration.

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