Punjab and Haryana High Court held that once a resolution plan is approved under Section 31 of the IBC, tax demands not included in the plan stand extinguished. The Court set aside the assessment order, demand notice, and penalty proceedings.
The Bombay High Court granted a fresh hearing where GST recovery proceedings were initiated against the son for alleged tax dues of his deceased father. The Court held that all contentions, including challenge to statutory provisions, would remain open.
The Delhi High Court held that orders passed under the Direct Tax Vivad se Vishwas Act, 2020 are final and conclusive. It ruled that Section 154 of the Income Tax Act cannot be used to rectify such orders.
Andhra Pradesh High Court held that absence of the assessing officers signature renders a GST assessment order invalid. The matter was remanded for fresh adjudication after granting proper hearing.
Andhra Pradesh High Court held that a composite GST assessment order covering several financial years violates Sections 73 and 74 of the GST Act. The assessment order was set aside with liberty to initiate separate proceedings year-wise.
The Bombay High Court held that delayed IGST refunds beyond sixty days attract mandatory interest under Section 56 of the CGST Act. The Court ruled that refund claims could not be indefinitely withheld after appellate proceedings attained finality.
The Kerala High Court set aside recovery proceedings for IGST refunds after noting that Notification No. 54/2018 was clarified to operate only from 09.10.2018. Transactions prior to that date were held outside its scope.
ITAT Agra held that reopening beyond three years under Section 149 was invalid because the final escapement of income determined by the Assessing Officer was only Rs.27 lakh. The statutory threshold of Rs.50 lakh was therefore not satisfied.
ITAT Ahmedabad held that outstanding sundry creditors could not be treated as unexplained cash credits when the assessee demonstrated subsequent repayment through banking transactions. The Tribunal found the Revenue’s partial acceptance of the same transactions inconsistent.
The Allahabad High Court granted bail in a GST fake ITC case after noting that investigation was complete, the complaint had been filed, and trial was unlikely to conclude soon. The Court reiterated that bail is the rule and jail is the exception in offences carrying a maximum five-year sentence.
