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Judiciary

Ignorance of law is not sufficient ground to condone delay: ITAT Bangalore

February 10, 2025 159 Views 0 comment Print

ITAT Bangalore held that ignorance of law is not a ground for condonation of delay, hence delay of 879 days in filing of an appeal without any sufficient reason shown is not condonable. Accordingly, appeal dismissed.

Reopening u/s. 148 after four years without failure to disclose material facts unsustainable

February 10, 2025 375 Views 0 comment Print

ITAT Bangalore held that reopening of assessment under section 148 after expiry of four years without failure on part of assessee to disclose fully and truly all material facts is invalid and hence liable to be quashed.

Details/ documents proved genuineness of purchases hence bogus purchase addition deleted

February 10, 2025 183 Views 0 comment Print

ITAT Mumbai held that CIT(A) rightly deleted addition towards bogus purchases since assessee proved genuineness of purchases by submitting various details/ documents. Accordingly, appeal of the revenue dismissed.

Gauhati HC Grants Stay as GST SCN Lacks Evidence of Wilful Suppression, Misstatement or Fraud

February 10, 2025 483 Views 0 comment Print

Gauhati High Court stays GST notice against Bhagya Kalita, questioning jurisdiction under Section 74(1) of the CGST Act. Case to be heard on 09/12/2024.

Waiver of interest u/s 220 (2A) required co-existence of three condition mentioned therein: HC

February 10, 2025 1188 Views 0 comment Print

In the abovementioned matter HC observed that all three conditions mentioned in section 220 (2A) were not co-existed and hence writ petition is liable to be dismissed.

Section 271D Penalty: Limitation Period Commences from ITO’s Reference to Addl. CIT, Rules HC

February 10, 2025 480 Views 0 comment Print

In the recent ruling Hon’ble HC have observed that penalty proceedings, initiated u/s 271 D is barred by delay & laches as period of limitation starts from the reference made by ITO to Addl. CIT.

Passing of final assessment order without prior approval u/s. 153D untenable

February 10, 2025 315 Views 0 comment Print

ITAT Raipur held that AO has passed the final assessment order u/s.143(3) r.w.s. 153B(b) of the Act without seeking a prior approval of the same by the Jt. CIT u/s. 153D of the Income Tax Act and hence the order so passed is liable to be quashed.

CBDT Must Grant Opportunity Before Rejecting Section 119(2)(b) Applications

February 9, 2025 2001 Views 0 comment Print

Bombay High Court quashes CBDT order denying delay condonation for Bharat Education Society, citing procedural lapses and lack of personal hearing.

Video Conferencing Not Granted as Further Clarification Was Unnecessary: No Violation of Natural Justice

February 9, 2025 792 Views 0 comment Print

Bombay HC ruled on Anandkumar Dhanraj Rathod’s tax case, addressing natural justice claims and directing him to appeal the assessment order under IT Act.

Section 263 Invocation justified as AO passed order without Necessary inquiries

February 9, 2025 321 Views 0 comment Print

ITAT Chennai dismisses FLsmidth’s appeal, upholding PCIT’s order for reassessment due to lack of verification by AO.

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