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Punjab & Haryana HC's Order for Nilam Mantri

PB & HR High Court Deletes the Order U/S 148a(b) and INR 10K Penalty on the Tax Dept

A fine of Rs. 10K was imposed by the High Court of Punjab and Haryana on the income tax department invalidating the order under Section 148A(d) of the Income Tax Act and the notice has also been issued following Section 148 of the Income Tax Act. The panel of Justice G.S. Sandhawalia and Justice Lapita […]

Kolkata CESTAT's Order for M/s. Bansal Biscuits Private Limited

Kolkata CESTAT Allows Service Tax Refund as Biscuits Can Qualify as Foodstuff

The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has ruled that biscuits can be considered ‘foodstuff’ and thus qualify for the exemption from service tax. The bench, comprising R. Muralidhar (Judicial Member) and K. Anpazhakan (Technical Member), has granted the refund that was initially denied by the adjudicating authority due to […]

Tax Compliance Improved But Still Some Glitches

Definitely Tax Compliance Improved But Still Some Problems

Apart from the implementation of a new income-tax structure featuring reduced rates, fewer exemptions, and deductions, the income-tax department has embraced technology to simplify the tax-filing process. For instance, the threshold for tax audits in small businesses was raised significantly to Rs 10 crore from the previous Rs 1 crore. Additionally, individuals above 75 years […]

Punjab and Haryana High Court's Order for M/s. Deepak Sales Corporation

PB & HR HC: Penalty Couldn’t be Charged, If Credit was Obtained in Error But Not Used

The Punjab and Haryana High Court, in the matter of M/s. Deepak Sales Corporation v. Union of India [CWP No. 283 of 2023 dated September 21, 2023], has passed a writ petition appeal. The court ruled that the demand for interest and fine cannot be sustained if the inaccurately claimed credit is reversed and the […]

Kolkata CESTAT's Order for M/s. Piyush Sharma

CESTAT, Kolkata: Tax Demand Basis on 26AS Form Without Investigation is Not Valid

The CESTAT in the case of M/s. Piyush Sharma v. Commissioner of CGST & CX, Patna-I [Service Tax Appeal No.75856 of 2021 dated October 17, 2023] has ruled that the service tax claim, which relies on Form 26AS from the Income Tax Department without any scrutiny, is incorrect. Key Facts of the Case M/s. Piyush […]

Delhi HC’s Order for Vishesh Khanna

Delhi HC: Recovery of TDS Deducted by Employer Not Permissible U/S 205 of IT Act

The Delhi High Court has ruled that the Tax Deducted at Source (TDS) by the employer cannot be reclaimed from the person from whom it was deducted, as stated in section 205 of the Income Tax Act, 1961. Vishesh Khanna, the person who filed a Writ of Mandamus, requested that Respondent No. 1 cancel the […]

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 […]

Orissa HC’s Order for Sekhar Kumar Mohapatra

Orissa HC Dismisses Appeal Against ITAT’s Order Over Denial of Revenue’s Recall Application

The Orissa High Court clarified that an order by the Income Tax Appellate Tribunal (ITAT) dismissing the department’s appeal due to a low tax effect can be appealed before the High Court under Section 260A of the Income Tax Act, 1961. However, the High Court cannot entertain an appeal against the ITAT’s dismissal of the […]

Chennai CESTAT's Order for Tamil Nadu Electricity Board

Big Relief to Tamil Nadu Electricity Board, CESTAT Deletes Tax Demand on GTA Services

The Tamil Nadu Electricity Board has been granted relief by the Chennai bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT). The bench considering the limitation has quashed the service tax demand on the Goods Transport Agent (GTA) services. The Tamil Nadu Electricity Board, the appellant in this case, is involved in the […]

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