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Judiciary

Jurisdictional error raised by appellant not addressed: Calcutta HC Stays Section 148 Notice

September 1, 2024 1074 Views 0 comment Print

Calcutta High Court stays proceedings in Girdhar Gopal Dalmia case, remanding for fresh order due to violation of natural justice and jurisdictional issues.

PCIT’s Revision Jurisdiction Time-Barred: Two-Year Limit Starts from Original Assessment, Not Reassessment

September 1, 2024 837 Views 1 comment Print

ITAT Kolkata ruled that PCIT’s revision under section 263 was time-barred as it exceeded the limitation period, invalidating the assessment revision.

Block Period for Section 153C Proceedings Starts from AO’s Receipt of Non-Searched Person’s Documents

September 1, 2024 840 Views 0 comment Print

ITAT Ahmedabad quashes assessment for AY 2011-12 in Ushaben Jayantilal Patel vs ITO case, ruling on jurisdiction and procedural errors.

Section 5 of Limitation Act not applies to appeals under Section 421(3) of Companies Act 2013

September 1, 2024 732 Views 0 comment Print

Supreme Court upholds NCLAT’s decision, ruling that appeals filed beyond 90 days are not maintainable under Section 421(3) of the Companies Act.

HC quashed SCN & Order for not containing reasons for cancellation of GST registration

September 1, 2024 1248 Views 0 comment Print

Gujarat High Court examined the legality of GST registration cancellation for Aggarwal Dyeing, focusing on procedural issues and appeals for revocation.

Section 27(4) of TNVAT Act Inapplicable Without Section 27(2) order for Wrong ITC or False Documents

September 1, 2024 639 Views 0 comment Print

Sub-section (4) of Section 27 of the TNVAT Act can never be applied since the said section would apply only if an order has been passed under Section 27(2) of the TNVAT Act holding that either the assessee has wrongly availed input tax credit or he has produced false documents to support his claim of input tax credit.

Typographical date error in E-way bills: Allahabad HC quashes tax penalty

September 1, 2024 618 Views 0 comment Print

Allahabad HC quashes tax penalty on Cavendish Industries due to a typographical error in E-way bills, ruling no intent to evade tax. Refund ordered within four weeks.

Madras HC Sets Aside GST Order for not granting opportunity of personal hearing

September 1, 2024 1746 Views 0 comment Print

Madras High Court sets aside a tax assessment order against Haarine Associates, citing lack of opportunity for personal hearing and orders reconsideration.

Stamp duty cannot be levied based on speculative future use or potential market value

September 1, 2024 2007 Views 0 comment Print

Indo Continental Hotels And Resorts Pvt. Ltd. Vs State of U.P. – Allahabad High Court held that stamp duty cannot be levied based on speculative future use or potential market value unless officially reclassified by State from industrial to commercial. Since no such change had been formally declared, the deficiency was deemed improper.

CA Wife’s Health Not Grounds for condonation of Delay in Filing Appeal: ITAT Vizag

September 1, 2024 5019 Views 0 comment Print

Assessee has not properly explained delay and her only contention is Chartered Accountant’s wife was not well that itself is not a valid ground to condone delay of 275 days

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