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Archive: 14 May 2025

Posts in 14 May 2025

GST Section 61 Notice Cannot Question Supply Below Market Value: Jharkhand HC

May 14, 2025 1251 Views 0 comment Print

Jharkhand High Court sets aside GST scrutiny notices issued under Section 61 based on sales below market price, clarifying limits of tax officer powers.

Section 75(5) of CGST Act – Unison of Natural Justice & Quick Disposal

May 14, 2025 2361 Views 1 comment Print

GST law balances hearing rights with timely disposal. Section 75(5) caps adjournments at three (four hearing opportunities), clarified by courts.

AMP Expenses Not Separate International Transactions Without Evidence of Inter-Enterprise Transaction

May 14, 2025 768 Views 0 comment Print

Delhi High Court dismisses tax appeal against Wrigley India, affirming AMP expenses not separate international transaction without evidence, citing precedents.

Delhi HC set aside Section 148 Notice Issuance Beyond Limitation Period

May 14, 2025 1008 Views 0 comment Print

Delhi High Court sets aside tax reassessment notice for AY 2014-15, ruling it was beyond the limitation period after considering Supreme Court directives.

Dept Not at Fault if Assessee Fails to Check GST Portal for Show Cause Notice

May 14, 2025 4821 Views 0 comment Print

Delhi High Court rules taxpayers must check GST portal for notices; department not liable for lack of diligence. Allows late appeal in Sandeep Garg case.

Booking Disputed Tax as Expense in Books Does Not Prove Unjust Enrichment

May 14, 2025 684 Views 0 comment Print

CESTAT Delhi rules booking disputed tax as expense doesn’t prove unjust enrichment, allows Oiles India refund claim paid under protest after goods clearance.

Delayed Form 67 No Bar to Foreign Tax Credit: ITAT Pune

May 14, 2025 453 Views 0 comment Print

Pune ITAT rules Foreign Tax Credit cannot be denied solely due to delayed filing of Form 67. Case remitted to AO for re-examination on merits.

Financial Hardship & Bona Fide Explanation: HC condoned Delay in Filing Defective ITRs

May 14, 2025 600 Views 0 comment Print

Bombay High Court allows a company to file delayed income tax returns for AYs 2017-18 and 2018-19 due to hardship, conditional on not claiming interest on refunds.

ITAT Deletes Addition: AO Fails to Justify Rejection of Assessee’s Explanation

May 14, 2025 687 Views 0 comment Print

Delhi ITAT rules against tax addition of Rs. 24 lakh for Cumin Infotech, citing lack of justification from AO for rejecting assessee’s cash deposit explanation.

CIT(A) Must Provide Adequate Opportunity to AO Before Deleting Additions

May 14, 2025 654 Views 0 comment Print

Ahmedabad ITAT sends back tax case to CIT(A) after significant additions for cash deposits and unsecured loans were deleted without obtaining the Assessing Officer’s remand report.

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