Income Tax Act | No Order Can Be Passed U/S 148A(d) Without Taking Into Consideration Reply Filed By Assessee To Notice U/S 148A(b): Meghalaya HC

A Division Bench comprising of Chief Justice Sanjib Banerjee and Justice W. Diengdoh of Meghalaya High Court has held that no order can be passed under Section 148A(d) of the Income Tax Act, 1961, without taking into consideration reply filed by an assessee to the initial notice issued under Section 148A(b).Section 148A provides that the Assessing Officer shall, before issuing any notice under section 148— (a) conduct any enquiry, if required, with the prior approval of specified...

Delay In Filing Appeal Based On COVID-19 Reasons: ITAT Imposes Penalty Of Rs.25,000

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) headed by Mahavir Singh (Vice President) and Manoj Kumar Aggarwal (Accountant Member) has imposed a penalty of Rs. 25,000 on the assessee for the delay of 1217 days in filing the appeal due to COVID-19. The appellant/assessee has challenged the order of CIT (A) in the matter of assessment framed by AO under section 143(3) of the Income Tax Act. The sole issue in the appeal was disallowance under section 14A. In an assessment...

Weekly Round-Up of Tax Cases: May 15 To May 21

Supreme Court GST Council Recommendations Not Binding On Centre & States; Both Parliament & State Legislatures Can Legislate On GST : Supreme Court Case Title : Union of India and Anr versus M/s Mohit Minerals Through Director Citation : 2022 LiveLaw (SC) 500 In a significant verdict, the Supreme Court held that the recommendations of the GST council are not binding on the Union and the State Governments. A bench led by Justice DY Chandrachud held that the Parliament...

Husband Entitled Capital Gain Exemption For Asset Bought In The Name Of The Wife: ITAT

The Jaipur Bench of the Income Tax Appellate Tribunal (ITAT) consisting of Dr. S. Seethalashmi (Judicial Member) and Rathod Kamlesh Jayantbhai (Accountant Member) held that the husband was entitled to a capital gain exemption for assets bought in the name of the wife. The assessee, Kaushlendra Singh, sold immovable property for a consideration of Rs.14,75,000. The value of which was evaluated at Rs. 14,79,960 by the Stamp Duty Authority. Out of sale consideration, the assessee made an...

Delay Of 18 Months In Filing Appeal Without Reasonable Justifications: Madhya Pradesh High Court Upholds Cancellation Of GST Registration

The Madhya Pradesh High Court bench of Justice Sheel Nagu and Justice Maninder S. Bhatti has upheld the cancellation of GST registration as there was a delay of 18 months in filing the appeal without reasonable justification. The petitioner company/assessee was registered under the Goods and Services Tax Act, 2017. On account of non-filing of a return, the GST number allotted to the petitioner was cancelled. Against cancellation, the petitioner preferred an appeal. The appeal was...

No Opportunity Of Personal Hearing Granted To Taxpayer: Delhi High Court Quashes Assessment Order

The Delhi High Court bench of Justice Rajiv Shakdher and Justice Talwant Singh has quashed the assessment order as an opportunity of personal hearing was not granted to the taxpayer.The petitioner/assessee had filed his return of income for AY 2018-2019 on 31.03.2019. The petitioner pegged his taxable income at Rs. 29,66,880. The Assessing Officer picked up the petitioner's case for scrutiny and issued a notice under Section 143(2) of the Income Tax Act. Apparently, the AO had also...

No Service Tax Payable On Service Charges Collected By Rajasthan Cooperative Dairy Federation From Milk Unions: CESTAT Delhi

The Delhi Bench of Custom, Excise & Service Tax Appellate Tribunal (CESTAT) has ruled that no service tax is payable on the service charges collected by the Rajasthan Cooperative Dairy Federation from the milk unions or district cooperative societies for the services rendered to them. The Bench, consisting of Justice Dilip Gupta (President) and technical member P.V. Subba Rao, held that although the Rajasthan Cooperative Dairy Federation and the milk unions/district cooperative...

CIT(A) Is A Quasi Judicial Authority, Not Bound By Administrative Circulars Issued By CBDT: Telangana High Court

The Telangana High Court held that the CIT (A) is a quasi judicial authority and is not bound by the administrative circulars issued by the Central Board of Direct Taxes (CBDT). The division bench of Justice Ujjal Bhuyan and Justice Surepalli Nanda has remanded the matter back to the CIT (A) for a fresh decision on the prayer for stay of the petitioner in accordance with law after complying with the principles of natural justice. The petitioner is an assessee under the Income Tax Act,...

CBIC Allows Export Of Goods From Bangladesh To India By Rail In Closed Containers Which Are Coming Back To India

The Central Board of Indirect Taxes and Customs (CBIC) has enabled the export of goods from Bangladesh to India by rail in closed containers. The Board has got references from several ministries and commerce to enable the rail transportation of containerized freight from Bangladesh into India. A request was also received from Bangladesh's High Commissioner in New Delhi, who informed that containers travelling from India to Bangladesh by rail are returning empty after delivering India's...

Technical Issues In Income Tax Portal: Calcutta High Court Gives Fresh Opportunity To Assessee

The Calcutta High Court bench of Justice Md. Nizamuddin has directed the assessing officer to do a new assessment proceedings as taxpayers could not furnish answers to the notice due to the technical glitches in the income tax portal. The petitioner/assessee has challenged the assessment order on the ground of violation of the principle of natural justice by not providing the petitioner an opportunity to file a reply to the show-cause-notice. By the show cause notice, the petitioner was...

18% GST Payable On 'Pattadar Pass Book Cum Title Deed' ; Karnataka High Court Upholds AAR Ruling

The Karnataka High Court bench of Justice S. Sujatha and Justice Shivashankar Amarannavar, while upholding the ruling of the Authority of Advance Ruling (AAR), held that 18% GST is payable on 'pattadar pass book cum title deed'.The petitioner/assessee was engaged in the business of printing books, magazines, calendars, diaries, bank passbooks, bank account opening forms, and various other stationery items required for the banking industry, educational institutions, and various other...

Initiation Of Reassessment Proceedings By Income Tax Officer Without Jurisdiction: Delhi High Court Quashes The Proceedings

The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma held that since the petitioner jurisdictional Assessing Officer is headquartered in Delhi, the income tax officer from Jaipur had no authority to send a notice proposing the beginning of reassessment proceedings. The petitioner/assessee challenged the order passed by the Income Tax Officer under Section 148A (d) of the Income Tax Act, 1961, and the initiation of reassessment proceedings. The petitioner...