The ITAT Delhi held that scrutiny notice issued by an ITO lacking pecuniary jurisdiction rendered the entire assessment void ab initio. The Tribunal relied on CBDT Instruction No.1/2011 and judicial precedents on jurisdictional defects.
Telangana High Court granted bail in a GST fake ITC case involving alleged wrongful availment of Rs.21.89 crore credit. The Court noted completion of investigation and continued judicial custody while allowing regular bail.
The Jharkhand High Court held that a taxpayer cannot bypass the statutory appellate mechanism merely by alleging non-service of notices. The Court dismissed the writ petition while granting liberty to file an appeal under the GST law.
Relying on the Supreme Court ruling in Glaxo Smith Kline case, the High Court reiterated that GST appeal limitation cannot be extended while granting conditional relief.
The Orissa High Court remanded a GST appeal for fresh adjudication after finding uncertainty regarding service of hearing notices before passing the ex parte appellate order.
The Karnataka High Court held that a complainant under Section 138 of the Negotiable Instruments Act can pursue an appeal as a victim before the Sessions Court. The matter was transferred in light of the Supreme Courts ruling in Celestium Financial.
The Tribunal held that conversion of digital photographs into printed photo products created a commercially distinct commodity, qualifying as manufacture rather than taxable photography service.
The ITAT Surat held that abnormal price rise in a penny stock and surrounding circumstances justified treating claimed LTCG as unexplained income under Section 68. The Tribunal found the transactions to be part of a pre-arranged accommodation entry scheme.
The Gujarat High Court directed the State Government to reconsider retrospective electricity duty exemption for a charitable trust engaged in hospitals and social services. The Court also restrained recovery of past electricity duty until a decision is taken.
The ITAT Mumbai held that notional rent cannot be taxed under “Income from Other Sources” without evidence that such income was actually received or receivable. The Tribunal deleted additions relating to shared premises with group companies.
