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Archive: February, 2025

Posts in February, 2025

GST assessment order traversed beyond scope of notice: HC directs to treat order as SCN

February 9, 2025 339 Views 0 comment Print

Madras HC directs GST assessment order as SCN due to exceeding scope of notice. Detailed case of discrepancies in GSTR-3B vs. GSTR-2A/GSTR-2B resolved in court, impacting works contract taxation.

ITAT Directs CIT(A) to Specify Clause of Section 270A(9) for Penalty Imposition

February 9, 2025 627 Views 0 comment Print

ITAT Kolkata remands Terai Fruits Co. penalty case, citing substantive compliance with Section 270AA despite missing Form 68. Court emphasizes need to determine misreporting under Section 270A(9).

Second Section 148A(b) notice cannot be supplemental to first, if it raises entirely new issues

February 9, 2025 5766 Views 0 comment Print

Delhi HC quashes supplementary Section 148A(b) notice issued by AO, citing time limit and monetary limit violations. Highlights limitations under Section 149 of IT Act.

GST Refund eligible on export proceeds in INR through convertible Vostro accounts

February 9, 2025 504 Views 0 comment Print

M/s. Elite International through its Proprietor Shri Rohan Arora Vs Commissioner of CGST Delhi North And Ors. (Delhi High Court) Delhi High Court, in the case of M/s. Elite International through Proprietor Shri Rohan Arora vs. Commissioner of CGST Delhi North & Ors., overturned the rejection of a GST refund application worth ₹16,10,541. The petition […]

Allahabad HC Quashes CGST Act Section 130 Proceedings for Excess Stock

February 9, 2025 438 Views 0 comment Print

Allahabad High Court rules excess stock cases must be handled under Sections 73/74, not Section 130, quashing tax proceedings against Dee Control and Electric Pvt Ltd.

Gauhati HC Restores GST Registration Upon Dues Payment

February 9, 2025 264 Views 0 comment Print

Gauhati High Court revokes GST registration cancellation, allowing restoration if statutory dues are paid. Read the full judgment details here.

ITC Disallowance Overturned: Retrospective Amendment Permits Claim for 2017-21

February 9, 2025 345 Views 0 comment Print

Madras High Court quashes GST assessment order for Winet Communications, directing reassessment in light of the Finance Act, 2024 amendment to ITC rules.

ITAT Mumbai Dismisses Revenue Appeal Due to Low Tax Effect

February 9, 2025 267 Views 0 comment Print

ITAT Mumbai dismisses a revenue appeal in ITO vs. Gajadharprasad Nathai Pal as the tax effect falls below the CBDT threshold of ₹60 lakh.

IT support payments not taxable as FTS due to failure of ‘make available’ test under India-UK DTAA: ITAT Delhi

February 9, 2025 276 Views 0 comment Print

ITAT Delhi rules IT support payments to CPP UK not taxable as fees for technical services due to failure of ‘make available’ test under India-UK DTAA.

Bombay HC Quashes Income Tax Order for Denial of Personal Hearing without Valid Reasons

February 9, 2025 204 Views 0 comment Print

Bombay High Court sets aside an income tax assessment order due to denial of a personal hearing, citing violation of natural justice. Read the full judgment summary.

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