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Search results for: Madras High Court

Delhi ITAT's Order in The Case of Motorola Solutions India Private Limited vs. The Deputy Commissioner of Income Tax

Delhi ITAT Quashes Time-Barred Assessment; DRP Proceedings Section 144C Can’t Extend Limitation U/S 153

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) ruled that the actions taken by the Dispute Resolution Panel (DRP) under Section 144C of the Income Tax Act, 1961, do not supersede or prolong the limitation period outlined in Section 153 of the Income Tax Act, 1961. Motorola Solutions India Private Limited submitted the […]

Telangana HC's Order In the Case of M/s. A.G. Biotech Laboratories (India) Ltd. vs. ITO

Telangana HC: Income Earned from the Sale of Tissue-Cultured Plants Is Exempt U/S 10(1)

The Telangana High Court has held that revenue generated from the sale of tissue-cultured plants is categorised as farming income and is thus exempt from income tax under section 10(1) of the Income Tax Act, 1961. The Bench of Justice P. Sam Koshy and Justice Narsing Rao Nandikonda has said that the statutory test is […]

Madras HC's Order In The Case of Tvl.KRM Construction vs. The Assistant Commissioner

GST Returns Default Due to Accountant’s Failure: Madurai Bench Orders GSTN Relief

The Madras High Court’s Madurai Bench has directed the Goods and Services Tax Network (GSTN) to consider technical measures to enable a taxpayer to file pending returns, following a default caused by the accountant’s failure to file GST returns for six months. In the case of Tvl. KRM Construction contested the cancellation of its GST […]

Calcutta HC's Order in The Case of Bidyut Autotech Private Limited and Another vs. The Assistant Commissioner of State Tax

Calcutta HC: GST Relief Late Filing Not a Bar, Orders Consideration of Cess Details

The Calcutta High Court recently addressed a case involving a reporting error related to cess in the monthly GSTR-3B returns. The error was later rectified through the annual GSTR-9 return. The Court directed the authorities to reconsider the matter and take into account the corrections made in the annual return for the initial omission of […]

Allahabad HC's Order in The Case of M/S Saniya Traders vs. Additional Commissioner Grade-2

Allahabad HC: Sec 74 Demand Quashed; GST ITC Allowed as Supplier Was Registered

The Allahabad High Court has ruled that a recipient’s right to claim Input Tax Credit (ITC) cannot be denied, provided the supplier was registered under GST at the time the transaction took place. The Bench, led by Justice Piyush Agrawal, set aside a GST demand of ₹9.42 lakh raised under Section 74 of the CGST/UPGST […]

Chennai ITAT's Order in Case of Thangamuthu Balakrishnan vs. ITO

Chennai ITAT: Non-Faceless Reassessment Notices Under IT Section 148 Not Valid

The bench of the Income Tax Appellate Tribunal, Chennai, held that any reassessment notice issued by a Jurisdictional Assessing Officer (AO) after the introduction of the faceless regime is not valid in law. The Tribunal, emphasising the binding nature of the CBDT’s e-Assessment of Income Scheme, 2022, held that the issuance of notices u/s 148 […]

Allahabad HC's Order in The Case of M/S Safecon Lifescience Private Limited vs. Additional Commissioner Grade 2

Allahabad HC: Section 74 GST Proceedings Unjustified When Goods Movement Is Proven by Assessee

When the taxpayer has proved the actual movement of goods and it stayed unrebutted via authority, then the proceedings u/s 74 of the Goods and Services Tax Act, 2017 are not justified, Allahabad High Court cited. U/s 74 of the GST Act, the proceedings could be initiated if the taxpayer has not paid or short […]

SC's Order In the Case of Vijay Krishnaswami Vs. Deputy Director of Income Tax

SC Cancels Tax Prosecution Against Assessee, Imposes ₹2 Lakh Penalty on Department

A message has been expressed by the Apex court to the Income Tax Department, quashing prosecution proceedings against taxpayer Vijay Krishnaswami and charging a Rs 2 lakh on the Revenue for acting in “blatant disregard” of binding Central Board of Direct Taxes (CBDT) circulars. For “wilful non-compliance”, a bench of Justices J.K. Maheshwari and Vijay […]

Ahmedabad ITAT's Order In the Case of Analytix Business Solution Pvt. Ltd. vs. ITO

Delay in Filing 10DA Form Treated As Procedural: Ahmedabad ITAT Permits Deduction U/S 80JJAA

The claim for deduction under section 80JJAA of the Income Tax Act,1961 permitted by the Ahmedabad Bench of the Income Tax Appellate Tribunal ( ITAT) even after a 29-day delay in Form 10DA, deeming the delay as procedural. The taxpayer, Analytix Business Solution (I) Pvt. Ltd, had claimed a tax deduction of ₹92.60 lakh u/s […]

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