Tax
Failure To Disclose All Material Facts Is Essential To Issue Reassessment Notice: Bombay High Court
The Bombay High Court at Goa has held that failure to disclose fully and truly all material facts is an essential jurisdictional parameter that must be fulfilled before any notice can be issued for reopening the assessment proceedings after the expiration of four years from the end of the relevant assessment year.The division bench of Justice M.S. Sonak and Justice Bharat P. Deshpande...
Delhi High Court Refuses To Release Laptop, Computer, Documents, Seized By DGGI During Search
The Delhi High Court has refused to release laptops, computers, documents, and other things that were seized by the Directorate General of GST Intelligence (DGGI) during the search.The single bench of Justice Prathiba M. Singh has observed that the "documents, books, or things" can be retained for a maximum period of four and a half years, within which period the notice has to be issued,...
Delhi High Court Allows Deduction Of Expenses Undertaken Under the CSR Endeavour u/s 37 Of The Income Tax Act
The Delhi High Court has allowed the deduction of expenses undertaken under the Corporate Social Responsibility (CSR) endeavor under Section 37 of the Income Tax Act, 1961.The division bench of Justice Rajeev Shakdher and Justice Tara Vitasta Ganju has observed that the memorandum, which was published along with Finance (No. 2) Bill 2014, clearly indicated that the amendment would take...
Allahabad High Court Punishes DC of Income Tax, For Contempt, Imposes Fine With Imprisonment For A Week
The Allahabad High Court ruled that the outstanding amount showing on the web portal against the applicant/assessee was to be deleted immediately following the judgment, but the authorities allowed the outstanding amount to remain on the web portal for seven months, clearly violating the judgment.The single bench of Justice Irshad Ali has imposed a fine of Rs. 25,000 along with...
Madras High Court Quashes Non-Speaking Order Cancelling GST Registration
The Madras High Court has quashed the order canceling GST registration without referring to the reason for the non-filing GSTR-3B return.The single bench of Justice M. Sundar has remitted the matter back to the appellate authority with a directive to examine the matter on the merits based on available records and based on the opportunity already given to the writ petitioner/assessee...
Matter Which Is Not The Subject Matter Of Limited Scrutiny Cannot Be Raised In Revisionary Proceedings: ITAT
The Chandigarh Bench of the Income Tax Appellate Tribunal (ITAT) has held that matters that were not subject to limited scrutiny cannot be raised in revisionary proceedings.The two-member bench of Diva Singh (Judicial Member) and Vikram Singh Yadav (Accountant Member) has observed that the matter relating to wages and labor expenses, which was not subject to limited scrutiny, cannot be raised...
CBIC Extends Due Date For Filing GSTR-1 For The Month Of November 2022 For Several Districts In Tamil Nadu
The Central Board of Indirect Taxes and Customs (CBIC) has extended the due date for filing GSTR-1 for the month of November 2022 in several districts of Tamil Nadu till December 13.The deadline for filing the GSTR-1 in Chennai, Tiruvallur, Chengalpattu, Kancheepuram, Tiruvannamalai, Ranipet, Vellore, Villupuram, Cuddalore, Thiruvarur, Nagapattinam, Mayiladuthurai, and Thanjavur has...
CBDT Exempts NRIs Without PAN From E-filing Form 10F Upto March 2023
The Central Board of Direct Taxes (CBDT) has exempted non-resident Indians (NRIs) without permanent account numbers (PANs) from e-filing Form 10F up to March 2023.The notification No. 03/2022, dated July 16, 2022, issued by the Directorate of Income Tax (Systems), New Delhi, mandated the furnishing of Form 10F electronically."On consideration of the practical challenge being faced by...
Notification Issued Under Section 25 Of Customs Act, Effective From The Date It Is Digitally Signed: Gujarat High Court
The Gujarat High Court has ruled that the notification issued under Section 25 of the Customs Act, 1962, enhancing the rate of customs duty, would be applicable only on the bills of entry presented after the said notification was e-published in the electronic Gazette and digitally signed. The bench of Justices Sonia Gokani and Nisha M. Thakore took into account that, with effect...
Limitation Period Not Applicable To Refund Claims For Service Tax Paid Under Mistake Of Law: CESTAT
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the limitation prescribed under Section 11B of the Central Excise Act, 1944, is not applicable to refund claims for service tax paid under a mistake of law.The bench of Ajay Sharma (Judicial Member) has observed that the appellant cannot be said to be liable to pay service tax in any way because...
Zero Supply Led Assessee To Believe There Was No Requirement To File GST Returns: Gujarat High Court Quashes Order Cancelling GST Registration
The Gujarat High Court has quashed the order of cancellation of registration and directed the department to restore the registration of the petitioner.The division bench of Justice Sonia Gokani and Justice Mauna M. Bhatt has observed that the zero supply led the petitioner to believe that he was not required to file the returns. The assessee's consultant had not advised him correctly, which...
Income Tax Dept. Can't Initiate Reassessment Proceedings During The Pendency Of The Rectification Proceedings: Supreme Court
The Supreme Court has held that the income tax department cannot initiate the reassessment proceedings during the pendency of the rectification proceedings.The division bench of Justice M.R. Shah and Justice C.T. Ravikumar has observed that the Punjab and Haryana High Court has committed a serious error in holding that the notice under Section 154 was invalid as it was beyond the period...