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Search results for: IT Act

IT Dept May Appeal in the SC Against HC Ruling on DIN Validity

IT Dept May Appeal in the SC Against Delhi HC Ruling on Validity of Orders Without DIN

The Income Tax (IT) Department is considering filing an appeal in the Supreme Court (SC) against a decision given by the Delhi High Court, which declared that any IT assessment order passed without a Document Identification Number (DIN) holds no legal validity. In April, the Delhi HC upheld the provisions of a 2019 notification released […]

Kerala HC’s Order for Hilton Garden Inn

Kerala HC: Not Legal to Charge GST Interest for Failing to File GSTR-3B After GSTN Cancellation

The High Court of Kerala in the case of M/S. HILTON GARDEN INN Vs. THE COMMISSIONER OF KERALA GST has ruled that GST interest could not be imposed on the non-filing of GSTR-3B because of GSTN Cancellation. The current writ petition seeks to overturn Exhibit P-14, which instructs the petitioner to immediately pay the interest […]

Gujarat HC's Order for Bhagwati Polyfill Pvt. Ltd.

Gujarat HC Removes Tax Notice, No Proper Reason to Believe That Income Has Escaped Assessment

The recent ruling by the Gujarat High Court emphasized the necessity of concrete evidence and a legitimate rationale to support the notion that income has been overlooked in assessments. This decision holds considerable weight in evaluating the validity of reopening assessments when the reasons provided lack a direct link between the taxpayer and the contentious […]

MP HC's Order for Jhansi Baran Pathways Pvt. Ltd

MP HC Removes Reassessment Proceedings Under 148A(D) For Amalgamated Entity

The reassessment proceedings executed against the non-existent/amalgamated entity under Section 148 A of the Income Tax Act have been cancelled by the Madhya Pradesh High Court stating that despite being available the other remedy has no bearing on the same cases when the entity has stopped to exist under the amalgamation. There is no independent […]

Tax Dispute Settlement Scheme

All About Tax Dispute Settlement Scheme (Vivad se Vishwas Bill)

The Union Finance Minister, Nirmala Sitharaman has proposed the Vivad Se Vishwas Scheme 2024 for settling disputes of income tax pending appeal. The Direct Tax Vivad se Viswas Scheme 2024 (VSV 2.0) is starting from 1st October for taxpayers who need to resolve their pending direct tax disputes. Read Notification The last date for filing […]

Jharkhand HC’s Order for PCIT Ranchi

Jharkhand HC Clarifies Section 234B Interest Applicable to Assessed Income Not Returned

The Jharkhand High Court has determined that, according to Section 234B of the Income Tax Act, interest should be applied to the assessed income rather than the returned income. In a ruling by Justices Rongon Mukhopadhyay and Justice Deepak Roshan, it was clarified that Section 234B mandates charging interest based on the assessed tax amount […]

Delhi ITAT's Order for Pradip Burman

ITAT Removes Penalty as Voluntary Deposits Tax Not Be Believed as an Admission of Guilt Until Receive a Notice

The Delhi bench of the Income Tax Appellate Tribunal (ITAT) ruled that making a voluntary tax deposit must not be regarded as an acknowledgement of guilt before being served with a notice under Section 148 of the Income Tax Act, 1961. Consequently, the bench abolished the penalty levied under Section 271(1) of the Income Tax […]

A Process for Income Tax Deduction Certificate Apps via TRACES

CBDT Releases A Wide Process for I-T Deduction Certificate Apps Via TRACES

A procedure, format, and standards for filling an application for grant of certificate under sub-rule (4) and its proviso of Rule 28AA of Income Tax Rules, 1962 (“the IT Rules”), for deduction of Income-tax at any lower rate or no deduction of Income-tax under sub-section (I) of section 197 of the Income-tax Act, 1961 (“the […]

Hyderabad ITAT's Order for Gonuguntla Nirmala Devi

Hyderabad ITAT: Re-assessment Without Notice Under I-T Section 143(2) is Invalid

The re-assessment without the issuance of notice under Section 143(2) of the Income Tax Act 1961 was void, Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) ruled. Gonuguntla Nirmala Devi, an individual taxpayer, submitted her tax return for the 2012-13 assessment year on March 30, 2014, disclosing her income. The tax authorities initially processed her […]

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