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Search results for: section 54

I-T Dept Seeks to Complete 1.7 Lakh Reassessment Notices By March 2025

CBDT Targets to Finish the Reassessment of 1.7 Lakh Notices By Mar 2025

By March 2025 the income tax department is designated to finalize the reassessment of 170,000 notices, concentrating on the undisclosed income from the past assessment years. Between March 2021 and March 2024, such notices were being issued targeting the differences in declarations of income. Reassessments Scene The reopening of nearly 600,000 matters has been initiated […]

Delhi HC's Order In Case of GE Capital Us Holdings Inc Vs DCIT

Non-payment Due to Uncertain Legal Position Doesn’t Come Under Misreporting: Delhi HC Cancels Tax Penalty U/S 270A

During quashing an SCN issued via the department for initiation of penalty proceedings under section 270A in a vague manner, a categorical finding of ‘misreporting/ under-reporting’ is essential for the levy of penalty under section 270A, Delhi HC ruled. An order dismissing immunity asserted via taxpayer u/s 270AA and dropping the penalty proceedings under section […]

Madras HC’s Order In Case of M/s.Crystal Granites Vs. The Assistant Commissioner (ST)

Madras HC Orders 10% Pre-Deposit Reconsideration Due to GST Liability Mismatch (GSTR 3B vs GSTR 2A)

A reconsideration of the matter has been ordered by Madras HC on a 10% pre-deposit condition concerned with the mismatch between GSTR 3B and GSTR 2A, following a failure to respond to the Show Cause Notice ( SCN ). The applicant, Crystal Granites contested the order because the show cause notice and the impugned order […]

Fertilizer Companies May Get Relief from GST Council

Fertilizer Companies May Get GST Relief Soon, Circular is on the Way

Certain relief to the fertilizer companies is on the cards as the GST council seems to suggest the issuance of the circular for releasing the refunds due to the inverted duty structure and subsidy. After the general elections, the council is anticipated to meet. Inverted Duty Structure (IDS) is directed to a higher duty on […]

Chennai CESTAT's Order In Case of M/s. Acer India (Pvt.) Ltd. VS Commissioner of Customs (Audit)

Chennai CESTAT: Dept. Has No Power to Re-Determine MRP of Laptop with Bags

The department cannot re-determine the MRP of laptops imported by Acer India, Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) ruled. The bench of Sulekha Beevi C.S. (Judicial Member) and Vasa Seshagiri Rao (Technical Member) witnessed that though the adjudicating authority has remarked that Rule 6 of 2008 is applied to redetermine […]

Punjab & Haryana HC's Order in Case of Misty Meadows Private Limited V/s. Union of India

Punjab & Haryana HC: A Fresh Assessment Order Can’t Be Valid Without New Search and Seizure Operations

The Punjab and Haryana High Court, once the investigation was conducted and an assessment order was passed through the invoking Section 153A of the Income Tax Act for the AY 2006-07 to 2012-13, a fresh order without conducting an investigation operation would not be sustainable in law. The bench of Justice Sanjeev Prakash Sharma and […]

Allahabad HC's Order In Case of M/S Rajshi Processors Raebareli Thru vs State Of U.P. Thru.

Allahabad HC: Wrongfully Claimed ITC U/S 16 from Fake Firms is Not Estopped from Being Challenged by Officials

The council is not estopped from availing a measure against the bogus claim of the ITC only because the firms with which the transactions were alleged to have proceeded were enrolled during alleged transactions, Allahabad HC ruled. Justice Subhash Vidyarthi noted that fraud vitiates the most solemn proceedings and ruled that the I.T.C. benefit had […]

Delhi ITAT's Order In Case of Polyplex Corporation Limited Vs DCIT

ITAT Delhi Removes Tax Penalty U/S 271(1)(c) Due to Absence of Wrong Income or Intentional Concealment

The penalty u/s 271(1) (c) of the Income Tax Act, 1961 is deleted by the Delhi bench of the Income Tax Appellate Tribunal ( ITAT ) concluding there was no providing of incorrect particulars of income or a deliberate attempt to conceal the income. The present appeal has emerged on the fact that the assessee- […]

Karnataka HC's Order In Case of Sri. Channakeshava. H.D. Vs State of Karnataka

Karnataka HC Cancels FIR Under Corruption Act Without Proper ITR Verification

The Karnataka High Court in a case quashed an FIR registered under the Prevention of Corruption Act, 2002 without verifying the Income Tax Return. The applicant Channakeshava.H.D is an Assistant Engineer at Karnataka Power Transmission Corporation Limited. Subsequently, he was transferred to Koramangala Division and Hebbala Division of BESCOM and worked as an Executive Engineer. […]

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