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Appeals pending in CESTAT allowed if order not passed within one year of SCN

December 4, 2024 5721 Views 0 comment Print

CESTAT Delhi quashes orders passed after one year of SCN issuance in Kopertek Metals Pvt Ltd vs CGST Commissioner, emphasizing statutory adjudication timelines.

Addition u/s. 69 not sustained since source of investment explained: ITAT Ahmedabad

December 4, 2024 1194 Views 0 comment Print

ITAT Ahmedabad held that addition u/s. 69 of the Income Tax Act towards unexplained investment unsustainable since assessee had explained the source of investment in FDs as being from his FD/OD account.

Amount received in lieu of surrender of rights is capital receipt: Telangana HC

December 4, 2024 786 Views 0 comment Print

Telangana High Court held that the surrender of the rights results in impairment of profit making apparatus of the company and thus amount received under agreement for surrender of rights in capital assets is capital receipt. Accordingly, the appeal by revenue dismissed.

No Addition Based on GST and Income tax Return Differences if Reconciled

December 4, 2024 6855 Views 0 comment Print

ITAT Mumbai rules no addition can be made for differences between GST returns and ITR if reconciled. Assessee followed project completion method for accounting.

Section 270A Penalty Quashed Due to Unspecific Notice on Underreporting or Misreporting

December 4, 2024 3765 Views 0 comment Print

Manish Manohardas Asrani Vs ITO Int Tax Ward (ITAT Mumbai) The Income Tax Appellate Tribunal (ITAT), Mumbai, ruled in favor of the assessee, Manish Manohardas Asrani, quashing a penalty of ₹44,90,048 levied under Section 270A(8) of the Income Tax Act, 1961. The tribunal held that the penalty notice lacked specificity regarding the charge—whether it pertained […]

Petitioner unaware of GST proceedings: directed to deposit 25% of disputed tax & submit objections

December 4, 2024 519 Views 0 comment Print

Madras High Court held that petitioner being unaware of initiation of proceedings are directed to deposit 25% of disputed tax and submit objections by treating impugned assessment order as show cause notice.

Bogus purchase treatment in a year doesn’t make it bogus in all years: ITAT Kolkata

December 4, 2024 876 Views 0 comment Print

ITAT Kolkata held that treating purchases from concern as bogus merely because for another year purchases from the said concern were treated by AO as bogus is not justified since in relevant year AO duly treated the purchases as genuine.

Non-compliance to Appellate Authority hearing notices due to inadvertence condoned: ITAT Kolkata

December 4, 2024 582 Views 0 comment Print

The appellant are that the assessee being a public charitable Trust engaged in running an educational institution in the name of Batanagar Institute of Engineering, management and Science.

Delay of three years in approaching Court without sufficient cause not tenable: Chhattisgarh HC

December 4, 2024 693 Views 0 comment Print

Chhattisgarh High Court held that delay of three years in approaching Court without explaining sufficient cause for the delay is not justifiable. Also held that mere filing of representation is not sufficient cause to explain the delay. Thus, petition dismissed.

Section 249(4)(b) mandates that appeal not to be admitted unless advance tax is paid: ITAT Ahmedabad

December 4, 2024 1032 Views 0 comment Print

AO observed that there was substantial undisclosed income, as the assessee admitted to unaccounted business income amounting to Rs.3,50,04,000/- during the search proceedings but did not file a return for the assessment year 2014-15.

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