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Judiciary

Mistake apparent pertaining to carry forward and set off of unabsorbed depreciation and business losses could be revised by filing Form 3 under VSV scheme

October 18, 2024 1155 Views 0 comment Print

The failure of assessee to make the requisite disclosures in Schedule D would neither detract from the relief which had been accorded by AO nor change the factum of carry forward and set off as forming part of the assessment order.

Granting only three days to respond to show cause notice not justified: Kerala HC

October 18, 2024 918 Views 0 comment Print

Kerala High Court directed to give one final opportunity to the petitioner to respond to show cause notice as show cause notice granted only three days time to respond.

Passing of ex-parte order without deciding case on merits untenable: ITAT Visakhapatnam

October 18, 2024 915 Views 0 comment Print

ITAT Visakhapatnam held that dismissal of appeal and passing of ex-parte order by CIT(A) in absence of any response on behalf of the assessee untenable since CIT(A) failed to decide the case on merits.

Matter remanded to CIT(A) as ex-parte order passed in absence of any response by assessee: ITAT Visakhapatnam

October 18, 2024 870 Views 0 comment Print

ITAT Visakhapatnam remanded the matter back to CIT(A) for fresh consideration since CIT(A) passed ex-parte order as there was on response on behalf of the assessee.

Budgetary Support Scheme Not affected by Promissory Estoppel: J&K HC

October 18, 2024 753 Views 0 comment Print

J&K High Court dismissed plea by Sudhir Power Ltd. challenging withdrawal of Budgetary Support Scheme, stating no violation of doctrines of promissory estoppel or expectations.

Delay in filing of an appeal condoned as delay was not intentional or deliberate: ITAT Surat

October 17, 2024 873 Views 0 comment Print

ITAT Surat condoned the delay of 159 days in filing of an appeal as delay in filing appeal is not intentional nor deliberate and assessee was prevented by sufficient reason for not filing an appeal on time.

Liability of signatory in cheque dishonour not absolved because of resolution proceedings against company

October 17, 2024 741 Views 0 comment Print

Directors/ signatories cannot escape from their penal liability by citing its dissolution, only the accused company is dissolved and director/signatory cannot be permitted to go scot-free after the approval of resolution plan.

Rejection of claim of input tax credit based on web report without complying with circular no. 5/2021 untenable

October 17, 2024 960 Views 0 comment Print

Madras High Court held that order passed rejecting the claim of Input Tax Credit on the basis of the web report set aside for fresh consideration since order was passed without complying with procedure stipulated in circular no. 5/2021 dated 24.02.2021.

Interest on debit/ credit balances of supplier and contractors is taxable as business income: ITAT Ahmedabad

October 17, 2024 588 Views 0 comment Print

ITAT Ahmedabad held that interest on loans and advance to small advances on debit/ credit balances of suppliers and contractors are incidental to business hence taxable as business income and not as income from other sources.

No Section 140A(3) Penalty for Non-Payment of Taxes on Returned Income Post AY 1989-90

October 17, 2024 1122 Views 0 comment Print

ITAT Kolkata ruled that penalties under Section 140A(3) are not applicable for non-payment of taxes on self-assessed income post-AY 1989-90.

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