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Matter restored back to CIT(A) as ex-parte order passed violating principles of natural justice

February 18, 2025 435 Views 0 comment Print

ITAT Ahmedabad held that where Commissioner (Appeals) passed ex-parte order in violation of principles of natural justice, one more opportunity should be granted to assessee. Accordingly, matter restored back to CIT(A) for de-novo consideration.

Approval accorded u/s. 153D in mechanical manner is unsustainable: Delhi HC

February 18, 2025 417 Views 0 comment Print

Delhi High Court held that approval accorded in terms of section 153D of the Income Tax Act in a mechanical manner without application of mind is unsustainable in law. Accordingly, appeal of revenue dismissed and assessment order quashed.

Notional cost adjustment while computing PLI set aside as no such adjustment made in earlier years

February 17, 2025 207 Views 0 comment Print

The TPO, however, was not satisfied with the process of computation of PLI made by the Assessee. Accordingly, the TPO has treated the expenses incurred by the foreign AE as part of the operating expenses.

Department Cannot Selectively Rely on Seized Documents: ITAT Pune

February 17, 2025 360 Views 0 comment Print

A search and seizure action u/s.132 of the Act was conducted in the assessee’s case on 14.11.2019. AO observed that during the course of search action, a pen drive was found from the cabin of the Head-Cashier.

Department’s Burden in Disciplinary Enquiry Limited to Proof on Preponderance of Probabilities

February 17, 2025 177 Views 0 comment Print

Supreme Court held that in disciplinary proceedings, the Disciplinary Authority is not required to be recorded detailed reasons in the order imposing punishment if he accepts the findings recorded by the Enquiry Officer.

Limitation Act Cannot Condone Appeal Beyond CGST Act’s Prescribed Period

February 17, 2025 423 Views 0 comment Print

It is well settled that once a statute prescribes a specific period of limitation, the Appellate Authority does not inherently hold any power to condone the delay in filing the appeal by invoking the provisions of Section 5 or 29 of the Limitation Act, 1963.

Unsecured Loan Addition Deleted as Loans Accepted & Repaid in Same Year: ITAT Jaipur

February 17, 2025 969 Views 0 comment Print

ITAT Jaipur held that addition under section 68 of the Income Tax Act towards unsecured loan is untenable since loans accepted were repaid in the same year and all the transactions were carried out through banking channels. Accordingly, appeal of revenue dismissed.

Summary Issuance of SCN Not Considered Proper Under Section 73 of CGST Act

February 17, 2025 522 Views 0 comment Print

Gauhati High Court held that issuance of summary of the Show Cause Notice [SCN] doesn’t dispense with requirement of issuance of proper notice as per mandate of Section 73 of the Central Goods and Services Tax Act. Accordingly, order set aside and writ allowed.

Penalty u/s. 271AAA(1) for undisclosed income admitted during search set aside as tax paid with interest

February 17, 2025 189 Views 0 comment Print

Supreme Court held that no penalty under section 271AAA(1) of the Income Tax Act when undisclosed income during course of search is admitted and paid tax with interest. Accordingly, penalty u/s. 271AAA(1) set aside.

State Govt Can’t Modify Assessee Rights Under CST Act Without Revoking Entitlement Certificate: SC

February 15, 2025 189 Views 0 comment Print

Supreme Court held that State Government while applying amendment of Section 8(5) of the Central Sales Tax Act by the Finance Act, 2002 was not justified in taking away right accrued to assessee without revoking entitlement certificate.

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