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Reassessment Quashed for Failure to Verify Bank Statement on ₹50 Lakh Threshold

December 25, 2025 348 Views 0 comment Print

The Court set aside reassessment proceedings after finding that the assessing officer failed to verify whether cash deposits were used to create a fixed deposit. The case was remanded for fresh consideration after proper examination.

Section 16(5) Overrides Section 16(4) Limitation; ITC Denial Quashed: Kerala HC

December 25, 2025 810 Views 0 comment Print

The High Court held that Section 16(5) of the CGST Act overrides the limitation under Section 16(4) if returns are filed before the specified cut-off date. The assessment denying ITC was quashed and remanded for fresh consideration.

Bombay HC Set Aside Jewellery Release Rejection for Lack of Jurisdiction

December 25, 2025 489 Views 0 comment Print

The High Court set aside an order rejecting release of seized jewellery after finding it was passed by an officer who lacked jurisdiction. The application was directed to be reconsidered by the proper assessing authority.

Foreign Exchange Loss Allowed as Not Notional Under Mercantile Accounting

December 25, 2025 492 Views 0 comment Print

The issue was whether foreign exchange fluctuation loss recorded at year-end was notional and disallowable. The Tribunal upheld its allowability, holding that losses accounted under consistent mercantile practice and accounting standards are deductible.

Section 80JJAA Deduction Cannot Be Fully Denied for Partial 240-Day Non-Compliance

December 25, 2025 489 Views 0 comment Print

The issue was whether the entire Section 80JJAA deduction could be rejected when some employees failed the 240-day condition. The Tribunal held that only ineligible employees’ costs can be disallowed, not the whole claim.

GST Refund Refund Claims Filed Within Limitation Cannot Be Denied Due to Cut-Off Date

December 25, 2025 384 Views 0 comment Print

The Court held that refund claims filed within statutory limitation cannot be rejected merely due to filing after a cut-off date, striking down the impugned circular and directing refund processing.

Capital Gains Taxable Despite Gram Panchayat Certificate When Land Is Within 8 km of Municipality

December 25, 2025 798 Views 0 comment Print

The Tribunal examined whether agricultural land qualified as a non-capital asset and upheld taxation after finding it within the prescribed municipal distance. The ruling reiterates that physical verification and reliable evidence prevail over unsupported certificates.

GST Order Stayed for Denial of Mandatory Personal Hearing Under Section 75(4)

December 25, 2025 441 Views 0 comment Print

The High Court stayed a GST demand where the assessee alleged denial of a personal hearing under Section 75(4). The case turns on whether service through the portal sufficed after registration cancellation.

Section 74 GST Proceedings Quashed for Absence of Fraud or Suppression

December 25, 2025 1377 Views 0 comment Print

The court set aside tax and penalty proceedings initiated solely because the supplier’s GST registration was earlier cancelled. It held that once the registration was restored and transactions were supported by evidence, Section 74 action could not survive.

Reassessment Quashed as Deduction Under Section 80P(2)(d) Was Legally Allowable

December 25, 2025 348 Views 0 comment Print

The Court held that reassessment was invalid where deduction under Section 80P(2)(d) was lawfully claimed by a co-operative society. It ruled that interest from co-operative banks remains deductible when the assessee is not a co-operative bank.

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