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Archive: 25 April 2025

Posts in 25 April 2025

LTCG Exemption Cannot Be Denied on Mere Probabilities Without Legal Evidence

April 25, 2025 2910 Views 0 comment Print

AO could not reject the LTCG Exemption claim based on mere surrounding circumstances or probabilities without presenting any legal evidence against him: ITAT

LTCG Addition by AO Based on Suspicion, Unsupported by Evidence, Deleted by ITAT Jaipur

April 25, 2025 1515 Views 0 comment Print

ITAT Jaipur accepts LTCG claim of Vivek Agarwal; rejects AO’s addition under Section 68, citing adequate evidence of share transactions and demat holdings.

HC Quashes GST Demand over turnover attributed to two firms sharing same PAN

April 25, 2025 1494 Views 0 comment Print

Allahabad High Court sets aside GST demand against Jindal Communication, citing confusion over turnover attributed to two firms sharing the same PAN.

Adjudication Under CGST Section 74 Must Clearly Establish Fraud or Misstatement

April 25, 2025 16569 Views 0 comment Print

Allahabad High Court quashes CGST Section 74 order against Singh Electrical Store due to lack of reasoning on fraud or misstatement. New hearing ordered.

Provisional attachment under CGST Section 83 ceases to operate after one year

April 25, 2025 1236 Views 0 comment Print

Calcutta HC rules on the expiry of a provisional attachment order under WBGST/CGST Act in the case of JL Enterprises. Details court observations.

Writ petition not maintainable when alternate remedy of GST appeal not exercised

April 25, 2025 1014 Views 0 comment Print

Madras High Court addresses a writ petition challenging a CGST order, noting a prior SGST adjudication on the same issue and directing the petitioner to the appellate authority.

Assignment of Long-Term Leasehold Rights Not Taxable Under GST: Gujarat HC

April 25, 2025 2034 Views 0 comment Print

Gujarat High Court quashes GST demand on the assignment of long-term leasehold rights by Alfa Tools, citing the Gujarat Chamber of Commerce precedent.

GST Assessment Order Invalid if passed Without Issuance of Rule 142(1A) Notice

April 25, 2025 1776 Views 0 comment Print

Andhra Pradesh HC sets aside GST assessment order for Satyanarayana Medical Distributors, citing procedural flaws and violation of natural justice.

Kerala HC Sets Aside GST Order for Discarding Reply with Just a Sentence

April 25, 2025 2013 Views 0 comment Print

Kerala High Court sets aside GST order against Masany Construction Equipment due to a non-speaking order. Directs reconsideration with a fresh hearing.

GST Authorities Lacked Jurisdiction Over TRAN-1 Transitional Credit Claims

April 25, 2025 1719 Views 0 comment Print

Calcutta High Court rules on the jurisdiction of GST authorities to issue show-cause notices regarding transitional credit claims under TRAN-1, following the Usha Martin Ltd. precedent.

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