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Overseas exporter couldn’t be penalized for Importer’s Undervaluation

September 5, 2025 372 Views 0 comment Print

Assessee submitted that these invoices were genuine, shared with Exclusive Motors, and disclosed to investigators. They argued that Bentley had no role in the customs declarations filed in India and could not be blamed for the importer’s omissions.

No addition u/s 69A of ₹10.46L for cash deposits by assessee during demonetization period

September 4, 2025 1191 Views 0 comment Print

Cash deposits made by assessee during the demonetization period were explained as being sourced from earlier withdrawals and household savings, and deleted the addition of ₹10,46,500 made under section 69A.

Limitation Period u/s 153C commenced from date of receipt of seized material by AO and not from date of search or notice

September 4, 2025 1197 Views 0 comment Print

Under Section 153C, the six-year limitation period for issuing a notice to a person other than the one searched begins from the date on which the documents or materials were received by AO, not from the date of the search or notice.

No reassessment if limitation period barred u/s 153(2) unless TPO reference u/s 92CA was involved in case of non-residents

September 4, 2025 765 Views 0 comment Print

Revenue argued that since assessee was an “eligible assessee” under section 144C(15), AO rightly passed the order and the final order was valid within the time limit of section 153(4). On appeal.

Revocation of cancellation of GST registration due to non filing of GST Returns due to Medical Reasons on payment of post- tax and interest payment without ITC adjustment

September 4, 2025 540 Views 0 comment Print

Cancellation of GST registration due to assessee’s failure to file returns on time would be revoked in case of genuine medical reasons and assessee’s willingness to pay tax and interest without adjusting from unutilized Input Tax Credit (ITC).

Delhi HC Dismisses Writ on Misuse of GSTIN, Directs Police Investigation

September 4, 2025 1761 Views 0 comment Print

Writ petition filed in connection with the misuse of a Goods and Services Tax Identification Number (GSTIN) was dismissed as assessee could not claim to be completely innocent for sharing OTP with an accountant which was allegedly misused to create multiple fake firms.

No addition u/s 68 and 69C for Penny Stock case without any evidence

September 4, 2025 852 Views 0 comment Print

Mere involvement in a flagged scrip, in absence of concrete evidence of manipulation or unaccounted funds, could not justify taxing bonafide transactions. Therefore, the additions under sections 68 and 69C were unsustainable.

Mere delay in uploading demand order in Form DRC-07 on GST Portal didn’t make action time barred if served via email

September 4, 2025 675 Views 0 comment Print

When there were 650 noticees, obviously, the generation of DRC-07 for each of the noticees could take some reasonable time so long as the order had been communicated through e-mail or post or other modes as contained in Section 169 of the CGST Act.

Admission of IBC application for default in repaying ₹5.7 Cr over 10-Year interest-free period

September 3, 2025 441 Views 0 comment Print

In the instant case, the dispute pertained to promoter and inter-corporate loans advanced to the respondent-corporate debtor Palchan Bhang Power Private Limited (PBPPL) between 2011 and 2014 for the development of the Palchan Bhang Hydro Electric Project.

Customs should reconsider if denying application for renewal of self-sealing licence without providing opportunity of hearing

September 3, 2025 360 Views 0 comment Print

Customs department must reconsider an exporter’s application for renewal of a self-sealing licence when earlier violations had been settled and the exporter had not been given a chance to explain their case as there was clear violation of principles of natural justice.

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