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Judiciary

Form 67 Filing Deadline is Directory, Not Mandatory: ITAT Amritsar

January 21, 2025 126 Views 0 comment Print

In the instant case, assessee had not filed any return within stipulated time framed u/s 139(1), but had filed the return u/s 139(8A) (updated return) on 31.03.2023 along with Form 67 filed online on the said date claiming FTC.

Section 269SS non-compliance due to bonafide belief: Section 271D Penalty deleted

January 21, 2025 612 Views 0 comment Print

ITAT Bangalore held that penalty under section 271D of the Income Tax Act not imposable for acceptance of cash on transfer of agricultural land as non-compliance with section 269SS of the Income Tax Act was due to bonafide belief.

Arbitration Notice Shows Pre-Existing Dispute; IBC Section 9 Application Rejected

January 21, 2025 105 Views 0 comment Print

NCLAT Delhi held that arbitration notice evidences a pre-existing dispute, thus, section 9 application filed by Operational Creditor for initiation of Corporate Insolvency Resolution Process (CIRP) rightly rejected.

Section 68 Addition set aside as identity & creditworthiness of investors established: ITAT Kolkata

January 21, 2025 300 Views 0 comment Print

ITAT Kolkata held that addition under section 68 of the Income Tax Act rightly deleted by CIT(A) since assessee duly established identity and creditworthiness of the investors and genuineness of the transactions.

Post approval of resolution plan, no new liability can be fastened: Allahabad HC

January 21, 2025 213 Views 0 comment Print

The petitioner no.1 was the erstwhile company that went through insolvency proceedings. The resolution plan was approved on February 24, 2021 wherein the Income Tax Department had also put forward its claim before the resolution professional.

Single SCN for multiple years u/s 74 could be issued under GST

January 21, 2025 2256 Views 0 comment Print

Bunching of show cause notices did not cause any prejudice to assessee as it was open to assessee to take up any contention peculiar to any particular year in the reply to the show cause notice.

Deduction u/s 80IA Allowed despite Late Filing of Form 10CCB as It was Directory, Not Mandatory

January 21, 2025 444 Views 0 comment Print

Filing of Form 10CCB required for claiming deductions under Section 80IA before the due date for filing of return of income u/s 139(1) was only directory and not mandatory for the year under consideration.

Calcutta HC Directs GST Authorities to Permit Examination & Photocopying of Seized Documents

January 21, 2025 132 Views 0 comment Print

Calcutta High Court allows perusal of seized documents in J.S. Pigments case, enabling fair reply to GST show cause notice while upholding earlier orders.

Ownership of Goods Established: Petitioner Entitled to Lesser Section 129(1)(a) Penalty

January 21, 2025 417 Views 0 comment Print

Allahabad High Court modifies GST penalty in Ram India case, reducing it to twice the tax amount under Section 129(1)(a) of the UP GST Act, 2017.

Ten-year block period not applies to Income Tax searches before 01.04.2017

January 21, 2025 3657 Views 0 comment Print

Delhi HC dismisses PCIT appeal in Karina Airlines case, ruling amendments to Section 153C of the IT Act do not apply retroactively to pre-2017 searches.

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