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Confusing SCN Dates Deny Effective Hearing; HC Quashes Order

November 19, 2025 1581 Views 0 comment Print

The Court ruled that an effective hearing is mandatory under Section 73 of the WBGST Act. The impugned order was quashed, allowing the petitioner to file a reply and contest the tax determination.

Section 87A Rebate Applicable on capital gains taxed at special rates: ITAT Chennai

November 19, 2025 11661 Views 0 comment Print

ITAT Chennai holds that Section 87A rebate is available even when total income includes capital gains taxed at special rates, reversing CIT(A)’s denial.

GST Registration Can Be Restored Upon Filing Pending Returns and Clearing Dues: Gauhati HC

November 19, 2025 855 Views 0 comment Print

The court held that a taxpayer whose GST registration was cancelled for not filing returns for six months can seek restoration by submitting pending returns and paying dues within the prescribed rules.

VAT input credit shown only in the balance sheet cannot be taxed as income: ITAT Mumbai

November 19, 2025 411 Views 0 comment Print

The Tribunal held that VAT input credit shown only in the balance sheet cannot be taxed as income. It upheld deletion of VAT, commission, and notional interest additions, dismissing the revenue’s appeal.

Section 271(1)(c) Penalty Invalid Where Income is Determined on Presumptive Basis: ITAT Mumbai

November 19, 2025 633 Views 0 comment Print

The Tribunal found that the addition was inferential and lacked corroborative evidence of concealment. It concluded that penalty under section 271(1)(c) could not be sustained.

Protest deposit must be considered toward statutory 10% pre-deposit for GST Appeal

November 19, 2025 1155 Views 0 comment Print

The High Court ruled that a protest deposit must be considered toward the statutory 10% pre-deposit. The dismissal of the appeal for non-compliance was set aside.

Only 30% Disallowance Permissible Under Amended Section 40(a)(ia) for non deduction of TDS

November 19, 2025 2121 Views 0 comment Print

Tribunal held that interest disallowance for non-deduction of TDS must be restricted to 30% under amended provisions. It also remanded issue of estimated interest on interest-free advances for verification.

Betel Nut Import Valuation Dispute Sent Back for Re-Hearing Due to Legal Oversight

November 19, 2025 573 Views 0 comment Print

The High Court set aside the Tribunal’s order after finding it failed to consider binding rulings on DGFT authority and import restrictions under the FTDR Act. The matter was remanded for fresh adjudication based on established legal principles.

Genuine Hardship Justifies 338-Day Delay in Form 10 Filing: Bombay HC

November 19, 2025 696 Views 0 comment Print

The Bombay High Court condoned a 338-day delay in filing Form No. 10 for income accumulation under Section 11(2), holding that genuine hardship justified relaxation of procedural deadlines.

Rule 86A Applies Only to ITC Available in Ledger on Blocking Date: Bombay HC

November 19, 2025 612 Views 0 comment Print

The Court held that Rule 86A can be applied only to ITC actually available in the Electronic Credit Ledger on the date of the blocking order. The decision sets aside the blocking and directs restoration of credit recovered under the invalid order.

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