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Substantive compliance overrides procedural requirements: No Penalty u/s 270A for the simple reason that Assessee did not file Form No. 68 but made application on plain paper

AO cannot issue 2nd notice under section 148A (b) as supplement to first notice, raking up new issue without independently satisfying the time lime and monetary limit

Addition purely based on third-party non-compliance is unwarranted: ITAT Ahemedabad.

Loss on sale of shares on Stock Exchange can be set off against LTCG from sale of unlisted shares if STT is paid on quoted shares even if LTCG on shares Exempt U/s 10(38): ITAT Kolkata

Surcharge on income tax applicable only on income exceeding ₹50 Lakhs and not to be considered for MMR if income is below the limit: ITAT Kolkata

Discrepancies in reporting in number of Board Meeting in MGT-7A vis a vis Board meetings – ROC imposed monetary penalty on a Company

Disallowance of Rebate under section 87A for Small Taxpayers: A Call for Clarity

Non-appointment of at least one woman director on the board under section 149 – ROC imposed fine on 3 companies

Intimation under Section 143(1) issued without providing an opportunity to the assessee, violates the principles of natural justice and hence unsustainable: ITAT Banglore.

Clearance of PF/ESI payment after the due date due to technical glitches/server issues is allowable as deduction: ITAT Ahemedabad

VAT Penalties not allowable as Deduction: ITAT Bangalore

When Charity is Harder than Business: Stricter Tax Rules for Charitable Trusts

Bombay HC Grants Stay on GST Circular for Corporate Guarantees

Gift from father and father in law cannot be made taxable on mere technical grounds: ITAT Delhi

Section 292B could not cure the jurisdictional defect of issuing a notice to a non-existent person.

Reopening based on the information received in accordance with the Risk Management Strategy (RMS): Bombay HC dismissed writ petition

Relinquishment or extinguishment of rights is taxable even without a conventional sale

Input Tax Credit (ITC) cannot be claimed on goods purchased for sales promotions

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This is an online news portal for tax news, updates, articles, judgments, Circulars, Notification and orders with regards to Indian Taxation Laws. ‘Simplifying the TAX & creating awareness about tax laws is the main motto of the Team theTAXTALK.

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