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Search results for: under Section 263

Allahabad High Court's Order for M/S Veira Electronics Private Limited

Allahabad HC to CBIT, Extension of Time for Appealing Against Order U/S 73 and 74 Can Also Apply to Orders U/S 129, 130

The Central Board of Indirect Taxes, Ministry of Finance to acknowledge extending the advantage of time extension to file a petition under section 107(1) of the Central Goods and Services Act, 2017 to orders passed under Section 129 and Section 130 of the Act, Allahabad High Court rendered. On 2nd November 2023, the Central Board […]

Madras HC's Order for M/s. Eicher Motors Limited

Madras HC: Interest Can’t Be Imposed for Delayed GSTR-3B Filing if Payment is Deposited Within Due Date

In the case involving M/s. Eicher Motors Limited versus the Superintendent of GST and Central Excise, the Madras High Court has ruled that no interest should be imposed if the Goods and Services Tax (GST) is deposited within the stipulated due date, even if the GSTR-3B filing is delayed. The petitioner, a well-known manufacturer specializing […]

Rajasthan HC's Order for Bijendra Singh

Rajasthan HC Cancels Show Cause Notice and Proceedings U/S of 148A(b) of IT Act

The Rajasthan High Court set aside the order that was passed against the petitioner on the charge that the income levied to tax for the AY 2015-16 has escaped the assessment under the purview of section 147 of the Income Tax Act 1961. Bijendra Singh, the taxpayer, contended that the show cause notice was premised […]

Karnataka HC’s Order for M/S. V.K. Niranjan And Co

Karnataka HC Revises Penalty to 25% from 100% as Firm Paid Tax with Accrued Interest Before SCN

The service tax has been paid with the accrued interest even before the show cause notice reached the review applicant, the Karnataka High Court ruled. The show cause notice specifies that there was a payment of service tax including interest by the review applicant, a bench of Justice P.S. Dinesh Kumar and Justice V. Srishananda […]

Allahabad High Court's Order for Amit Agarwal

Despite an Unjustifiable 8Yr Delay in Proceeding, Allahabad HC Terminates Arbitrator’s Mandate

The Allahabad High Court has affirmed the termination of the Arbitrator’s role due to an unexplained delay of eight years in the proceedings. Justice Rohit Ranjan Agarwal’s bench noted that the arbitrator presided over the case for an extended period without advancing it, and hastily issued the award after a removal request was filed. Consequently, […]

Ahmedabad ITAT's Order for M/s. Nova Properties Private Limited

Ahmedabad ITAT: Revision Proceedings Start Without DIN is Consider Invalid

The Income Tax Appellate Tribunal (ITAT) in Ahmedabad has ruled that the initiation of revision proceedings without a Document Identification Number (DIN), through issuing a show cause notice and issuing a revision order, is not valid under the law. The ITAT bench, comprising T.R. Senthil Kumar (Judicial Member) and Annapurna Gupta (Accountant Member), noted that […]

Hyderabad ITAT's Order for Smt. Madhu Devi

ITAT Hyderabad: Flat Ownership for at Least Three Years is Needed to Claim LTCG

Without owning flats for at least three years the long-term capital gain could not be claimed, the Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) ruled. PCIT is been justified in invoking the provisions of Section 263 of the IT (Income Tax) Act. as the taxpayer without holding the 7 flats for three years from […]

Kerala HC's Order for Koyambrath Puthiyapurayil Mohammed Kunhi

Kerala HC: SCN Response Time of 4 Days is Considered Invalid as Per IT Act’s Provision

In a significant legal case, the Kerala High Court invalidated the reassessment order, citing a violation of the mandatory provision under the Income Tax Act, of 1961. This violation pertained to the insufficient four-day period allowed for responding to the show cause notice (SCN). Representing the petitioner, Mr S Arun Raj served as counsel, while […]

Delhi ITAT's Order for Sheel Agarwal

Delhi ITAT Cancels Penalty U/S 271F, Didn’t Prove Liability for ITR Filing

The Delhi bench of the income-tax appellate tribunal (ITAT) has issued a positive decision in favour of an 83-year-old widow who was not required to file her IT return. The fine levied on her for failing to file her tax return was set aside by the tax tribunal. This Gurgaon-based 80-year-old had never filed an […]

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