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Judiciary

Peak Credit Statement Should be Considered in Cash Deposit Addition: ITAT Indore

April 10, 2024 741 Views 0 comment Print

ITAT Indore held that the peak credit theory should be adopted for determining income of assessee. Under this theory, only peak balance in bank account should be considered for taxation

Trust Registration application under wrong section: ITAT directs Re-adjudication

April 10, 2024 627 Views 0 comment Print

Sri Jeyamkonda Choleeswara Soundaranayaki Amman Kumbhabisheka Malar Kyushu vs ITO (ITAT Chennai) case: Trust’s error in applying for registration under the Income Tax Act leads to ITAT’s directive for reevaluation.

Section 50(2) of PMLA empowers to summons any connected person during investigation: Allahabad HC

April 10, 2024 669 Views 0 comment Print

Allahabad High Court held that provisions of section 50(2) of PMLA Act empowers Directorate of Enforcement to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation/ proceeding.

Reopening u/s. 148 based on grossly erroneous factual foundation is untenable-in-law: Madras HC

April 10, 2024 4197 Views 0 comment Print

Madras High Court held that reopening of assessment under section 148 of the Income Tax Act based on a grossly erroneous factual foundation and also based on mechanically granted approval is untenable in law.

No Writ Jurisdiction on GST Coercion Grievance: Bombay HC

April 10, 2024 369 Views 0 comment Print

Bombay High Court ruling states no writ jurisdiction on claims of GST department coercion for tax deposits, citing lack of evidence and voluntary action. Full judgment analysis.

Madras HC Quashes Income Tax Assessment Order Amid Pending Objections before DRP

April 10, 2024 261 Views 0 comment Print

Read about the Madras High Court’s decision to quash an Income Tax assessment order issued while objections were pending before the Dispute Resolution Panel.

Petitioner failed to upload necessary documents: Delhi HC Directs Re-adjudication

April 10, 2024 309 Views 0 comment Print

Delhi High Court directs re-adjudication in Electra Power Transmission Systems vs Commissioner GST case due to petitioner’s failure to upload necessary documents, allowing two weeks for submission.

CBDT Circular dated 24.05.2023 giving differential treatment to new trust having provisional approval u/s. 80G is unconstitutional: Madras HC

April 10, 2024 3933 Views 0 comment Print

Madras High Court held that CBDT Circular no. 6 of 2023 dated 24.05.2023 giving differential treatment by not extending time for filing application to new trust having provisional approval u/s. 80G is violative of Article 14 of the Constitution of India.

HC directs re-adjudication as officer failed to seek clarification or additional documents before dismissing reply as unsatisfactory

April 10, 2024 375 Views 0 comment Print

The High Court scrutinized the case, highlighting flaws in the order’s reasoning. It emphasized that the petitioner’s reply was comprehensive and should have been evaluated on its merits. The court found the decision lacking in thoroughness, as the officer failed to seek clarification or additional documents before dismissing the reply as unsatisfactory.

Delhi HC Orders Swift Disposal of GST Registration Cancellation Applications

April 10, 2024 519 Views 0 comment Print

Delhi High Court mandates disposal of GST cancellation applications within four weeks, addressing delays in processing. Read the full judgment here.

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