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Judiciary

Order passed against dead person liable to be set aside: Madras HC

September 20, 2024 1176 Views 0 comment Print

Madras High Court held that order passed against the dead person, who passed away before issuance of show cause notice, is unsustainable in law and liable to be set aside. Accordingly, order quashed.

Issuance of single consolidate notice u/s. 73 for multiple assessment year contravenes CGST Act: Karnataka HC

September 20, 2024 2805 Views 0 comment Print

Karnataka High Court held that the practice of issuing a single, consolidated show cause notice under section 73 of the CGST Act for multiple assessment years contravenes the provisions of the CGST Act and established legal precedents.

Revision u/s. 263 beyond specific reasons recorded for reopening unjustified: ITAT Ahmedabad

September 20, 2024 1188 Views 0 comment Print

ITAT Ahmedabad held that the revisionary jurisdiction under section 263 cannot be exercised to widen the scope of the original assessment beyond the specific reasons recorded for reopening the assessment.

Evidence reconciling discrepancy in 26AS and books not submitted before CIT(A) hence matter remanded

September 20, 2024 912 Views 0 comment Print

ITAT Ahmedabad held that additional evidence reconciling the discrepancy in receipts as per Form No. 26AS and books of accounts were not submitted before AO or CIT(A). Accordingly, matter send back to CIT(A).

Penalty orders and demand notices to be kept in abeyance till pendency of appeal: Karnataka HC

September 20, 2024 6111 Views 0 comment Print

Karnataka High Court held that till disposal of the appeals filed by the Assessee, it is necessary to keep the penalty orders and notices in abeyance. Thus, demand notice kept in abeyance.

Selling of agricultural land to non-agriculturist remains agricultural land only and could not be classified as Capital Assets

September 19, 2024 2046 Views 0 comment Print

Where an agricultural land was sold to a non-agriculturist, the same did not loose its status as agricultural land and could not be classified as a capital assets.

Taxpayer liable for statutory non-compliance even after GST registration cancellation: Delhi HC

September 19, 2024 1026 Views 0 comment Print

Delhi High Court held that cancellation of a tax payer’s GST registration does not absolve the tax payer from being held accountable for any statutory non-compliance or absolves it from any liability under the statute.

Tribunal not empowered to recall or review its own order: ITAT Hyderabad

September 19, 2024 1659 Views 0 comment Print

ITAT Hyderabad held that the Tribunal has no power to recall/review its own orders in terms of scope and power of Tribunal for rectification of order u/s. 254(2) of the Income Tax Act.

Expenditure on abandoned software project allowable as revenue in nature: ITAT Ahmedabad

September 19, 2024 894 Views 0 comment Print

ITAT Ahmedabad held that expenditure incurred on software project, which was sought to be developed however never came into existence and no new asset came into existence which would be of an enduring benefit to the assessee, are allowable as revenue in nature.

Reopening of assessment based on DVO report without application of mind unsustainable: Delhi HC

September 19, 2024 1578 Views 0 comment Print

Delhi High Court held that initiation of reassessment under section 147/148 of the Income Tax Act merely on the basis of DVO report without application of mind by the AO is unsustainable and liable to be quashed.

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