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Judiciary

Reassessment Invalid Due to Six-Day Notice Period Under Section 148A(b) Instead of Required 7 Days

September 30, 2024 1365 Views 0 comment Print

Reassessment notice issued to assessee by AO was quashed due to non-compliance with the statutory requirement of providing a minimum of seven days for the taxpayer to furnish a reply under Section 148A(b).

Matter Remanded: Delay in Filing Form 10AB Not Grounds for Rejecting Registration Under Section 80G(5)

September 30, 2024 5076 Views 0 comment Print

Assessee had filed Form No.10AB under section 80G(5). Although, assessee-trust was registered on 01.09.2013, it received provisional approval on 16.09.2022 under first proviso to section 80F (5) (iv), valid until AY 2025-26.

Failure to Respond Due to Genuine Reason; Court Sets Aside Order for Violation of Natural Justice

September 30, 2024 813 Views 0 comment Print

Petitioner submits that the respondent issued an ASMT-10 notice dated 03.07.2023, indicating a mismatch between the amounts in FORM 26AS and FORM GSTR-1, which comes to Rs.69 lakhs.

Penalty for GSTR-3B & GSTR-2A Mismatch Set Aside for Lack of Hearing Opportunity

September 30, 2024 834 Views 0 comment Print

Madras High Court held that order confirming tax liability and imposing penalty on ground of mismatch of input tax claim between GSTR-3B and GSTR-2A set aside as order passed without giving opportunity of being heard.

GST Registration Cancellation Based on Prima Facie Investigation Untenable: HP HC

September 30, 2024 729 Views 0 comment Print

Himachal Pradesh High Court held that prima facie investigation cannot be basis of an order of cancellation of GST registration. Drastic penalty of cancellation of GST registration can be imposed only after completion of investigation.

Section 10B Benefit Applicable Before Set Off of Unabsorbed Depreciation & Brought-Forward Losses

September 30, 2024 636 Views 0 comment Print

Madras High Court held that benefit of section 10B of the Income Tax Act available even before setting off of unabsorbed depreciation and brought-forward losses. Accordingly, matter decided in favour of assessee.

Madras HC directs Fresh Order due to Assessee’s Unawareness of GST Notice Upload on Portal

September 30, 2024 408 Views 0 comment Print

Madras High Court held that order set aside as petitioner was unaware of notices being uploaded on GST common portal. Accordingly, respondent directed to pass fresh order on merits.

ITAT Bangalore Disallows 50% of Motor Car Expense Due to Lack of Furnished Details

September 30, 2024 426 Views 0 comment Print

Vide the present appeal, the assessee has challenged only two issues regarding disallowance of Rs. 1,99,291 towards motor car & Rs.29,345 on motor bikes; and adhoc disallowance towards salary, rent, machine charges & bonus.

Reassessment Under Section 148 Unsustainable Due to Notice Issued to Deceased: Delhi HC

September 30, 2024 642 Views 0 comment Print

Delhi High Court held that initiation of reassessment proceedings under section 148 of the Income Tax Act unsustainable as impugned notice issued in the name of dead person.

Oil in Bunker Tanks is Part of Ship for Customs Duty: CESTAT Ahmedabad

September 30, 2024 1008 Views 0 comment Print

CESTAT Ahmedabad rules that oil in bunker tanks is integral to vessels, affecting customs duty. Appeals allowed following Supreme Court’s decision.

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