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Search results for: assessment order

Madras HC's Order In Case of M/s.Arupadai Infrastructure VS Deputy State Tax Officer

Madras HC Directs Reconsideration of Assessment Order Due to Unintentional Error in 3B Filing

A Goods and Services Tax ( GST ) demand order has been set aside by the Madras High Court specifically addressing a difference in Reverse Charge Mechanism ( RCM ) liability. The court regarded the petitioner’s argument for the accidental errors in filing GSTR 3B returns, prompting a remand of the matter for further consideration. […]

Madras HC's Order In the Case of M/s.Vimal Traders Vs. Assistant Commissioner (State Tax)

Same GST Invoice Number on Multiple E-way Bill? Madras High Court Quashes an Assessment Order

The Madras High Court in its judgment addressed an important issue related to the inadvertent error of citing the identical invoice number in multiple GST e-way bills. The matter of Vimal Traders Vs Assistant Commissioner (State Tax) emphasizes the importance of procedural fairness and consideration of proof in tax assessments. An applicant is a registered […]

Mumbai ITAT Order In Case of Dilip B Patel Vs DCIT

ITAT Mumbai Nullifies Assessment Order Due to Lack of Valid Satisfaction Before Giving Notice U/S 153C

The assessment order is been cancelled by the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) without recording valid satisfaction before issuing notice under Section 153C of the Income Tax Act, 1961. When a search was performed by the council the taxpayer Dilip B Patel was not searched. But an investigation was performed on […]

Delhi ITAT's Order In Case of ITO versus Surender Dalal

AO Failed to Prove Link B/W Tangible Material & Escaped Income, Delhi ITAT Deletes the Re-assessment Order

On discovering that the need of application of mind is not in the instant case, the Delhi ITAT ruled that the reassessment incurred in section 143(3) read with section 147 of the Income Tax Act, 1961, is poor in law and therefore, the re-assessment order is suppressed. ITAT said that no independent application of mind […]

Madras HC's Order for Balaji Electrical & Hardwares

Madras HC: If An Assessment Order Doesn’t Meet Conditions Defined in GST Section 74, It Is Considered Invalid

Delhi High Court in a judgment stressed the importance of complying with the statutory needs laid out in Section 74 of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST Act), in the case of Balaji Electrical & Hardwares Vs State Tax Officer (ST). The very ruling has set a precedent, assuring that the […]

Madras HC's Order for M/s.Shree Shyama Traders

Madras HC Directs Reassessment Order Concerning GST ITC Reversal & Bank Attachment

In a ruling, on the importance of procedural fairness in tax assessments, the Madras High Court has set aside an assessment order against Shree Shyama Traders, arising from an issue towards Input Tax Credit (ITC) reversals and a consequential bank attachment order. The same decision, dated back to the proceedings begun in 2023, emphasizes the […]

Delhi HC's Order for S.A. Chitra Ventures Ltd

Delhi HC: Absence of Any Variation Income, AO Can’t Allocate a Draft Assessment Order

Delhi High Court judgment in the case of CIT Vs S.A. Chitra Ventures Ltd. specifies the jurisdiction of Assessing Officers (AOs) in passing draft assessment orders. The ruling of the court specifies the restrictions on AO’s authority in the absence of any variation in income or loss. Detailed Analysis in the Case of S.A. Chitra […]

Kerala HC's Order for V.G. Suresh

Kerala HC Cancels I-T Assessment Order Due to Failure to Comply with Natural Justice Principle

The Kerala High Court nullified the Income Tax Assessment order, citing a failure to adhere to the principle of natural justice. In response, the court instructed V G Suresh, the petitioner, to present themselves before the 2nd respondent within the specified time frame to provide submissions. V G Suresh contested the decisions made by the […]

Delhi ITAT's Order for Smt. Sharda Devi Bajaj

ITAT Delhi Deletes Tax Assessment Order, Not Mentioned DN and DIN

Introduction- Explore the recent ITAT Delhi verdict in the matter involving Smt. Sharda Devi Bajaj versus DCIT, wherein the assessment order underwent scrutiny due to the absence of the Document Identification Number (DIN/DN). The piece unravels the complexities of the case, emphasizing the significance of adhering to CBDT Circular No. 19/2019 issued on 14.08.2019 and […]

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