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Challenge against order u/s. 153C dismissed due to existence of alternative remedy

May 17, 2025 762 Views 0 comment Print

Madras High Court held that writ against assessment orders issued under section 153C of the Income Tax Act is dismissed existence of alternative remedy. Accordingly, writ petition dismissed and petitioner directed to approach the appellate authority.

Benefit under Amnesty Scheme admissible as notices deemed to be issued u/s. 73 of CGST Act in absence of ingredients of Section 74

May 17, 2025 915 Views 1 comment Print

Madras High Court held that in absence of suppression of facts, wilful misstatement or fraud, notice issued u/s. 74 of the CGST Act shall be deemed as notices and orders passed u/s. 73 of the CGST Act and accordingly, benefit under Amnesty Scheme admissible.

Section 5A of KGST and 7A of TGST is constitutionally valid: SC

May 16, 2025 567 Views 0 comment Print

Levy of purchase tax is governed by the provisions and stipulations of Sections 5A or 7A. They are independent and in a way constitute charging sections. Purchase tax is leviable on and payable by the purchaser.

Secured Creditors Lose Priority After Relinquishing Security Interest

May 16, 2025 654 Views 0 comment Print

NCLT Cuttack held that after relinquishing its security interest, Secured Creditors cannot seek priority over other similar creditors during the distribution of the sale proceeds of the secured assets.

Registered Trademark Holder Can’t Override Prior User Rights: Delhi HC

May 16, 2025 711 Views 0 comment Print

Further, the balance of convenience also lies in favour of the plaintiff and against the defendants. Great prejudice shall be caused to the plaintiff if interim relief is not granted to the plaintiff.

GST Council to Decide Compensation Cess on Supplies to Merchant Exporters

May 16, 2025 687 Views 0 comment Print

Gujarat High Court held that levy of Compensation Cess at the rate of 160% on the supply of goods i.e. branded tobacco products supplied to merchant exporters for export is kept in abeyance and the matter is referred to GST Council to decide the issue.

Writ in fraudulent availment of ITC not entertained as appellate remedy u/s. 107 of CGST Act available

May 16, 2025 981 Views 1 comment Print

Delhi High Court didn’t entertain the writ petition in the matter of fraudulent availment of Input Tax Credit without actual supply of goods or services since appellate remedy under section 107 of the CGST Act available.

Notice issued u/s. 143(2) without specifying type of scrutiny is invalid: ITAT Kolkata

May 16, 2025 3066 Views 0 comment Print

ITAT Kolkata held that notice issued u/s. 143(2) of the Income Tax Act without specifying whether it is limited or complete of compulsory manual scrutiny is invalid and in violation of CBDT instruction F. No. 225/157/2017/ITA-II Dated 23-06-2017.

Rejection of Resolution Plan Without Hearing Violates Natural Justice

May 16, 2025 789 Views 0 comment Print

NCLAT Delhi held that rejection of approved resolution plan on account of alleged fraud without giving an opportunity to resolution applicant to explain its position is against the principle of natural justice. Accordingly, matter remanded back.

Section 10AA benefit not admissible when fixed deposits are not made for business exigencies

May 16, 2025 687 Views 0 comment Print

During the course of assessement proceedings, AO noted that the assessee has earned interest income on fixed deposits made with banks which has been included in the business income while computing deduction u/s 10AA of the Act.

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