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Judiciary

Twin conditions are fulfilled: ITAT upheld jurisdiction u/s 263

January 29, 2025 93 Views 0 comment Print

In the matter abovementioned ITAT upheld the jurisdiction u/s 263 exercised by PCIT, is right as twin condition of section 263 are fulfilled.

Matter of profiteering in real estate remanded back to CCI by Gujarat HC

January 29, 2025 69 Views 0 comment Print

Held that these two petitions are also remanded back to the Competition Commission of India for determination/ decision in accordance with the decision of the Hon’ble Delhi High Court rendered on 29.01.2024 in the aforesaid case.

Finance Act 2007 Amendments to Section 17(2) are constitutionally valid

January 29, 2025 111 Views 0 comment Print

Bombay High Court held that Explanation 1 and 4 below section 17(2) of the Income Tax Act by the Finance Act, 2007 cannot be declared ultra-vires, irrational or unconstitutional. Said amendments are constitutionally valid.

HC Orders GST Registration Revocation Consideration Upon Return Submission with ₹50,000 Penalty

January 29, 2025 192 Views 0 comment Print

MP High Court revokes GST cancellation due to personal adversities and directs filing of pending returns with a penalty of ₹50,000.

Uttarakhand HC Stays Notification Extending limitation for GST Adjudication

January 29, 2025 390 Views 0 comment Print

Uttarakhand HC stays operation of GST Notification No. 56/2023 extending timelines for adjudication, citing issues with lack of GST Council recommendation.

Penalties u/s 129 of CGST Act should not be imposed to penalize minor breaches

January 29, 2025 222 Views 0 comment Print

Section 129 could not, merely by virtue of its non-obstante clause, be construed to have an overriding effect on Section 126 which interdicts tax officers from imposing any penalty for minor breaches of tax regulations or procedural requirements.

Non-Submission of documents: ITAT Restores Trust Registration Case to CIT(E)

January 29, 2025 330 Views 0 comment Print

ITAT Mumbai sets aside CIT(E)’s rejection of a trust’s 12A and 80G registration applications due to incomplete documents, restoring the case for reconsideration.

Deduction u/s 43B allowable on taxes paid under protest & settlement of tax disputes

January 29, 2025 111 Views 0 comment Print

Tribunal ruled that the deduction was valid under Section 43B, as the payments were made in the relevant assessment year after the disputes were settled through the amnesty schemes.

Assessments restored back to CIT(A) due to non-cooperation by assessee: ITAT Ahmedabad

January 29, 2025 120 Views 0 comment Print

ITAT Ahmedabad held that entire assessments has been restored to the file of CIT(A) for de novo consideration since assessee was found to be absolutely non-cooperative and took every step to thwart/stonewall the assessment proceedings.

ITAT Upholds CIT(A) Order deleting Section 40A(3) ₹12.92 Cr Addition

January 29, 2025 555 Views 0 comment Print

ITAT Ahmedabad affirms CIT(A)’s deletion of ₹12.92 crore tax addition under Section 40A(3), relying on past gross profit rates and valid agricultural purchases.

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