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Archive: February, 2025

Posts in February, 2025

Addition set aside as relation between documents seized from third party & assessee not established

February 14, 2025 195 Views 0 comment Print

ITAT Delhi held that addition based on documents seized from third party is liable to be set aside since assessing officer failed to tie contact between seized material and the assessee company. Accordingly, appeal allowed and addition deleted.

Consider GST appeal on Merits if Pre-Deposit Initially Missed but Later Paid: Bombay HC

February 14, 2025 165 Views 0 comment Print

Bombay High Court reinstates Narendra Hirawat’s appeal after it was dismissed due to an inadvertent filing error. The appellate authority will now review the case.

Reopening under section 147 without tangible material is invalid: ITAT Chennai

February 14, 2025 174 Views 0 comment Print

ITAT Chennai held that material/ information referred by AO in reasons recorded cannot be held to be tangible material hence reopening of assessment under section 147 of the Income Tax Act without tangible material is invalid.

Calcutta HC directs Consideration of GST Appeal Delay Condonation Citing COVID-19

February 14, 2025 75 Views 0 comment Print

Calcutta HC directs the Appellate Authority to consider GST appeal delay condonation due to COVID-19 hardships, ensuring procedural fairness for the petitioner.

Orissa HC Stays GST Recovery, Orders Consideration of Belated Reply

February 14, 2025 99 Views 0 comment Print

Orissa HC directs tax authorities to consider the assessee’s belated reply before initiating GST recovery proceedings, ensuring procedural fairness.

Limits prescribed u/s. 36(1)(iv) applies only to initial or ordinary annual contribution

February 14, 2025 75 Views 0 comment Print

It thus held that the limits that the Board could prescribe would only apply to an initial or an ordinary annual contribution. Any contribution made additionally in discharge of an overarching obligation would thus not be rendered as a disallowable expense.

ITAT Deletes Notional Addition for Unsold Flats, Section 23(5) Not Applicable to AY 2014-15

February 14, 2025 138 Views 0 comment Print

ITAT Kolkata clarifies Section 14A disallowance limits, deletes notional income addition for unsold flats (AY 2014-15), and remands interest expense and unexplained expense issues.

Improper GST Notice Service: Madras HC Orders Re-assessment with 25% Tax Payment

February 14, 2025 384 Views 0 comment Print

Madras High Court remands GST assessment case, allowing Jainsons Castors to submit objections after depositing 25% of the disputed tax.

Absence of GSTN in Supplier Certificate Not Enough to Deny ITC: Allahabad HC

February 14, 2025 219 Views 0 comment Print

Allahabad HC rules that ITC claims cannot be denied solely due to missing GSTN in supplier certificates, directing a fresh review of the case.

Duplicate Appeals Due to Technical Error: ITAT Raipur Allows Withdrawal

February 14, 2025 156 Views 0 comment Print

ITAT Raipur permits assessee to withdraw a duplicate tax appeal filed due to a technical error, dismissing the case as withdrawn.

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