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Judiciary

Jurisdictional Deficiency in Notice u/s 143(2) Renders Assessment Order Liable for Quashing

January 16, 2024 4017 Views 0 comment Print

Read case of Monarch & Qureshi Builders challenging an ITAT Mumbai order, highlighting jurisdictional issues in Section 143(2) notice for quashing assessment.

Bombay HC Quashes AY 2013-14 Notices Post 31-03-2021, Rules TOLA Not Applicable

January 16, 2024 10389 Views 0 comment Print

The Bombay High Court recently delivered a significant judgment in the case of New India Assurance Company Limited Vs ACIT, reshaping the landscape of tax law.

CESTAT Upholds Removal of Customs Duty Differential Demand on Imported ‘Poppy Seeds’

January 16, 2024 303 Views 0 comment Print

Read the full text of CESTAT Kolkata’s order on the Commissioner of Customs vs. Sawetri Trading Company case. Analysis reveals key factors influencing customs duty demand on Poppy Seeds.

AO Conducted Enquiry on High Premium Shares; PCIT Error in Section 263 Exercise: HC

January 16, 2024 1335 Views 0 comment Print

Delhi High Court ruling on PCIT vs Trojan Developers Pvt. Ltd. AO’s enquiry on high premium shares and HC’s critique of Section 263 exercise. Full text of judgment.

HC Emphasizes Fairness in Retrospective GST Registration Cancellation

January 16, 2024 705 Views 0 comment Print

Delhi High Court quashes the cancellation of GST registration for Radhey Trading Company, citing insufficient details in the show cause notice and retrospective cancellation order.

Interest Income from Co-op Bank without Banking License Eligible for Sec. 80P(2)(d) Deduction 

January 16, 2024 2643 Views 1 comment Print

Read ITAT decision on the eligibility of a cooperative society for a deduction under Section 80P(2)(d) of the Income Tax Act. The case, Keyyur Primary Agricultural Co-operative Society Ltd. Vs ITO, addresses interest income on investments in a cooperative bank without a banking license.

No Reevaluation of Facts Without Alleged Perversity in Findings: Delhi HC

January 16, 2024 453 Views 0 comment Print

HC court upheld factual findings of lower authorities, emphasizing its limited jurisdiction under Section 260A of Income Tax Act. It clarified that it cannot reevaluate questions of fact in the absence of any grounds alleging perversity in the findings.

Excess Stock cannot be treated as unexplained investment’ u/s.69B & section 115BBE not apply

January 16, 2024 1626 Views 0 comment Print

ITAT Chennai’s in Ethiraj Hotel Mart Vs DCIT held that as assessee declared excess stock as business income and provided a plausible explanation for its source, it should be taxed as ‘normal business income’ and not as ‘unexplained investment’ under section 69B.

Vivad Se Vishwas Act: Madras HC Directs Timely Processing of Refund

January 15, 2024 519 Views 0 comment Print

Madras High Court Directs Timely Processing of Refund granted under section 5(2) of the Vivad Se Vishwas Act, 2020 in Writ Petition: Muthukumaran Rangarajan Vs ITO

Assessee’s Response Ignored: Madras High Court Quashes Assessment Order

January 15, 2024 1914 Views 0 comment Print

Read the Madras High Court’s recent ruling in Voora Property Developers Pvt Ltd vs. ACIT, challenging the Assessment Order dated 08.09.2022 for Assessment Year 2020-21. The court highlighted the failure to consider the petitioner’s response, directing a fresh assessment within four months.

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