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Voluntary Addition During Hearing is not Revising of Settlement Application: Gujarat HC

March 17, 2025 75 Views 0 comment Print

During pendency of the assessment proceedings, respondent No.1 filed application u/s. 245C(1) before the Income Tax Settlement Commission offering additional income of Rs.17 Crores for the assessment years from 2011-12 to 2017-18.

Writ dismissed as alternate and efficacious remedy available: Bombay HC

March 17, 2025 144 Views 0 comment Print

Bombay High Court held that exercising extraordinary jurisdiction under Article 226 of the Constitution of India not justified as alternate and efficacious remedy already available with the petitioner. Hence, writ petition dismissed.

Business not carried as proprietor went on holidays cannot result into cancellation of GST registration

March 17, 2025 153 Views 0 comment Print

Madras High Court held that cancellation of GST registration on account of non-carrying of any business not justified since business was temporary closed as proprietor had gone abroad during deepavali holidays.

Refund limitation period doesn’t apply to Extra Duty Deposit as it is not customs duty: Delhi HC

March 17, 2025 228 Views 0 comment Print

The Petitioner had imported certain goods from Taiwan between 2014 and 2017. The Respondent/Department had suspected undervaluation of said goods and referred the same to the Special Valuation Branch, Delhi.

Duty paid on capital goods in transit before appointed date not admissible as credit in GST

March 17, 2025 204 Views 0 comment Print

Patna High Court held that input tax credit in GST regime is not admissible in relation to duty paid on capital goods in transit before appointed date. Accordingly, writ petition dismissed.

Exemption u/s. 11 cannot be denied to town planning authority as fees charges doesn’t generate profit

March 17, 2025 162 Views 0 comment Print

ITAT Bangalore held that denial of exemptions under section 11 and 12 of the Income Tax Act is unjustified as fees are charged by town planning authority to ensure accountability and fund public welfare initiatives, not to generate profit.

Notice u/r 7 of Insolvency Rules doesn’t amount to invoking of guarantee: NCLAT Delhi

March 17, 2025 132 Views 0 comment Print

NCLAT Delhi held that issuance of notice under rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 doesn’t amount to invoking of guarantee.

Order passed overlooking error apparent on face of record is invalid: Delhi HC

March 17, 2025 255 Views 0 comment Print

Petitioner stated that the said notice was issued pursuant to the information collected under section 135A of the Act, which pertains to the transactions entered by some other assessee (Manisha Jain) having a different PAN and having no relation with the petitioner.

Reassessment proceedings initiated against merged company invalid: Delhi HC

March 17, 2025 213 Views 0 comment Print

Delhi High Court held that initiation of re-assessment proceedings under section 148 of the Income Tax Act against merged company is invalid as company is dissolved after Scheme of Arrangement. Thus, writ petition is allowed and notice/ order quashed.

Non-adjudication of notice for about 15 years due to repeated placing in call book not justified

March 15, 2025 237 Views 0 comment Print

Delhi High Court held that repeated placing and removing from call books is not a valid justification for non-adjudication of show cause notice for about 15 years. Accordingly, notice is liable to be quashed.

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