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Judiciary

Payments of PF and ESI made before filing of income tax return cannot be disallowed

September 2, 2023 1365 Views 0 comment Print

ITAT Mumbai held that disallowance on account of delayed payments of PF and ESI contribution unjustified as payment made well before the due date of filing of income tax return u/s. 139(1).

Delay in filing of an appeal not condoned as ignorance of law not sufficient cause

September 2, 2023 1776 Views 0 comment Print

ITAT Jaipur held that ignorance of law and bona fide belief cannot be termed as sufficient cause and hence condonation of delay in filing of an appeal not granted.

ITAT deletes Section 271D Penalty for Assessee with Majority Cheque Payments in Property Sale

September 2, 2023 6765 Views 0 comment Print

Assessee sold property for Rs. 50 Lacs, receiving Rs.45 Lacs through cheques and only Rs.5 Lacs in cash. Given transaction’s transparency and intent of Sec.269SS to curb black money, this case isn’t suitable for a Section 271D penalty.

Condonation not granted as reasonable cause for delay in filing of an appeal not shown

September 2, 2023 1371 Views 0 comment Print

ITAT Hyderabad held that condonation of delay in filing of an appeal not granted as the assessee miserably failed to prove her case for a reasonable cause not to file the appeals in time.

Invocation of provisions of section 263 without satisfying twin condition is unsustainable

September 2, 2023 417 Views 0 comment Print

ITAT Mumbai held that invocation of provisions of section 263 of the Income Tax Act without satisfying the twin condition i.e. erroneous and prejudicial to the interest of revenue not satisfied. Hence, order passed u/s 263 set aside.

Merely based on bill of landing origination of goods cannot be inferred

September 2, 2023 420 Views 0 comment Print

CESTAT Ahmedabad held that merely on the basis of the bill of lading it cannot be inferred that the goods were originated from China as certificate of origin of Malaysia not proved wrong or fake.

Section 128(1) of Customs Act, allows appeals against communication denying DFIA exemption

September 2, 2023 978 Views 0 comment Print

Learn about the K S Enterprises vs. Commissioner of Customs appeal regarding denial of DFIA exemption. CESTAT Ahmedabad’s decision and analysis.

Assessment Under Sec. 143(3) Doesn’t Auto-Merge with 143(1) Intimation

September 2, 2023 10404 Views 0 comment Print

Mere completion of assessment under section 143(3) doesn’t automatically merge the intimation under section 143(1) with the assessment order

ITAT condones delay in filing of appeal due to mistake of consultant

September 2, 2023 1473 Views 0 comment Print

ITAT Ahmedabad condones Saraswati Trust’s late appeal due to consultant error, remands case for fresh consideration under Section 12A.

Writ not maintainable if alternative remedy of appeal filing not availed: Patna HC

September 2, 2023 1281 Views 0 comment Print

Narayani Industry Vs State of Bihar (Patna High Court) The esteemed Patna High Court, in the case of M/s. Narayani Industry v. State of Bihar [Civil Writ Jurisdiction No. 11333 of 2023 dated August 11, 2023], ruled that in instances where a statute prescribes a definite timeframe for the condonation of delay, the Appellate Authority […]

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