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Search results for: income tax department

Kerala HC's Order in the Case of Mary Queens Mission Hospital Vs. Commissioner Of Income Tax

Kerala HC: Delay Condonation Applications Should Be Judicious, Not Hyper-Technical

The applications for condonation of delay should have been regarded without being too hyper-technical and in a judicious manner, ruled by the Kerala High Court. It was noted by the bench of Justice Gopinath P. that the delay in audit report filing in Form-10B can be 30 days, as the law merely needs that the […]

Calcutta HC's Order In Case of West Bengal Welfare Society Vs CIT

Calcutta HC Upholds ITAT’s Order, Ruling Assessee Eligible for Reg. Within Six Months U/S 80G(5)(iii)

In its recent decision, the Calcutta High Court upheld a ruling by the Income Tax Appellate Tribunal (Tribunal) allowing an assessee to seek registration under section 80G(5)(iii) of the Income Tax Act, 1961 after the initiation of the activity. The revenue department filed a petition under Section 260A of the Income Tax Act, 1961, disputing […]

Cuttack ITAT's Order in Case of M/s Harichandanpur LAMPS Vs ITO

Cuttack ITAT Remands Case to CIT(A) for Reassessment of Non-Compliance and Evaluation of Evidence

The Cuttack bench of the Income Tax Appellate Tribunal (ITAT) in a case has remanded the petition via the taxpayer against the commissioner Of Income Tax (Appeals) order after condoning a 69-day delay. It was remarked by the tribunal that the non-compliance and the absence of documentation in the order of the CIT (Appeals) furnished […]

Bombay HC's Order in the Case of Benaifer Vispi Patel Vs. The Income Tax Officer

Bombay HC: AO Must Verify the Accuracy of Information Before Initiating a Reassessment

The Bombay High Court has determined that Assessing Officers (AOs) must verify information before initiating reassessment proceedings based on faceless data. This ruling comes from a bench of Justices G.S. Kulkarni and Somasekhar Sundaresan, who underscored the importance of verification when AOs intend to act under Section 148 of the Income Tax Act, particularly when […]

Telangana HC's Order In Case of M/s. Standard Chartered Bank vs The Principal Commissioner of Central Tax and others

Telangana HC: No Penalty for Bank’s Filing GST Returns Due to Technical Issue

The applicant bank cannot file its return in its GST portal as a technical issue and cannot be loaded, with demand, penalty, and interest, the Telangana High Court ruled. The bench of Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao noted that it was the responsibility of the department to maintain its portal function. If […]

Haryana & Punjab HC's Order In The Case of Jatinder Singh Bhangu V/S Union of India & others

Haryana and Punjab HC: SCN U/S 148 By Assessing Officer Defeats The Object of Faceless Assessment

The Punjab & Haryana High Court while indicating that the scheme of faceless assessment is applicable from the phase of SCN under section 148 as well as 148A, held that notice under section 148 could not be issued via the jurisdictional assessing officer post introduction of the faceless assessment scheme. As SCN has been issued […]

Bombay HC's Order In Case of Umang Mahendra Shah Versus Union of India & Ors.

Bombay HC: IT Section 148A(d) Order Cannot Be Passed Without a Valid Sanction Under Section 151

If an order is passed under section 148A(d) of the Income Tax Act in the lack of an appropriate sanction as per the provisions of Section 151 of the Income Tax Act, the order and the resulting notice u/s 148 shall need to be declared illegal, the Bombay High court ruled. The bench of Justice […]

SC's Order in Case of All India Judges Association Petitioner(s) Versus Union of India. & Ors.

SC to Consider TDS Applicability on Allowances for Judicial Officers Under SNJPC, Next Hearing on 5th Aug

The Supreme Court is ready to investigate the problem of the applicability of the provisions of tax deduction at source (TDS) on the allowances furnished before judicial officers under the Second National Judicial Pay Commission (SNJPC). The same issue has been analyzed via the Court in the All India Judges Association case in which it […]

Ahmedabad ITAT's Order in the Case of Neetaben Snehalkumar Patel Vs. ITO

Ahmedabad ITAT: IT Section 254(2) Only Allows Rectification of Mistakes, Not Recalling or Reviewing Orders

The Ahmedabad Bench of Income Tax Appellate Tribunal ( ITAT ) has said that the provision of Section 254(2) of the Income Tax Act, 1961 could not be utilized for a recall and analysis order by the tribunal. It is believed that the aforesaid provision has the objective to rectify the mistake seen from the […]

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