The Madras High Court held that GST proceedings under Section 74 were not time-barred after considering the COVID-19 limitation extensions and statutory relaxations. It dismissed the writ petition while permitting the taxpayer to pursue the appellate remedy.
The High Court held that once an NCLT-approved resolution plan comes into effect, claims not included in the plan stand extinguished. It quashed the income tax demand and ordered refund of the recovered amounts with interest.
The Tribunal held that additions not proposed in the original draft assessment order and unsupported by DRP directions could not be sustained. It reaffirmed that the statutory process under Section 144C must be followed before making prejudicial variations.
ITAT Bangalore held that deduction under Section 80P cannot be denied merely because a co-operative society has nominal or associate members recognised under the applicable State law. It directed the Assessing Officer to allow the deduction.
The ITAT Raipur held that an application for final approval under Section 80G cannot be rejected solely because it was filed belatedly. It remanded the matter after directing the CIT(Exemption) to examine the trust’s genuineness and statutory conditions on merits.
ITAT Kolkata held that extensive documentary evidence, audited books, supplier confirmations and banking records established the genuineness of the purchases. It deleted the estimated addition sustained by the Commissioner (Appeals).
The Delhi High Court held that an assessment relying on a seized document and its author’s statement cannot be sustained without providing a real opportunity for cross-examination. The matter was remitted for fresh adjudication.
The High Court held that a writ petition against a show cause notice is ordinarily not maintainable when adjudication has not begun. It directed the petitioner to file a detailed reply and permitted all issues to be decided during adjudication.
The Madras High Court held that allegations regarding incorrect or incomplete disclosures in an election affidavit cannot be examined in a writ petition. It ruled that such challenges must be pursued through an election petition under the Representation of the People Act.
The ITAT Ahmedabad held that no disallowance under Section 14A can be made where the assessee did not earn any exempt income during the relevant assessment year. It upheld the CIT(A)’s order deleting the addition.
