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Limitation for ITAT Rectification Starts on Date of Receipt of Order: Bombay HC

December 13, 2025 642 Views 0 comment Print

The Bombay High Court ruled that the six-month limitation under Section 254(2) starts from the date of receipt of the ITAT order, not the date of its passing, ensuring petitioners can file timely rectification applications.

HC Upholds Jurisdiction of Section 73 GST SCN; Assessee Directed to Reply

December 13, 2025 429 Views 0 comment Print

The Court held that the show-cause notice under Section 73 CGST did not lack jurisdiction. It directed the petitioner to file a reply and allowed the Adjudicating Authority to examine all objections independently.

Delay in Form 10-B Filing Conditionally Allowed Due to Treasurer’s Age & Pandemic

December 13, 2025 498 Views 0 comment Print

The High Court allowed a religious society to submit delayed audit documents, citing the treasurer’s age and Covid-19 as valid reasons, directing authorities to reconsider exemption under Section 11.

Legal control under a JDA constitutes transfer for capital gain: ITAT Kolkata

December 13, 2025 480 Views 0 comment Print

The Tribunal held that legal control under a JDA constitutes transfer for capital gains purposes. The assessee must provide acquisition cost details for recomputation.

Madras HC Quashes Ex-Parte GST Order on ITC Attachment on 25% Deposit

December 13, 2025 696 Views 0 comment Print

Court directed deposit of 25% disputed tax, personal hearing, and submission of reply to ensure due process before final GST order.

CIT(A) Order Set Aside as Advance Tax Requirement Misapplied in Loss Case

December 13, 2025 357 Views 0 comment Print

The ITAT restored the case for fresh adjudication, noting that the assessee filed a return showing a loss and was not given proper opportunity to be heard before dismissal of appeal.

Calcutta HC Stays Income Tax Prosecution Pending Collegium Approval Verification

December 13, 2025 444 Views 0 comment Print

The Calcutta High Court stayed proceedings under Section 279(1) after the petitioner challenged the prosecution sanction, citing lack of collegium approval and denial of personal hearing.

Prosecution Stay Granted Over Alleged Income Tax Evasion Due to Jurisdictional Challenge

December 13, 2025 618 Views 0 comment Print

The Calcutta High Court stayed further proceedings under Section 279(1) of the Income Tax Act, citing questions on jurisdiction and compliance with CBDT circulars for alleged tax evasion.

Chhattisgarh VAT Appeal Dismissed by SC as Pre-Deposit Rule Found Valid

December 13, 2025 447 Views 0 comment Print

The Supreme Court upheld mandatory pre-deposit conditions under the VAT law, ruling that appeals can be lawfully restricted by statutory payment requirements.

Telangana HC Quashed Reassessment Notices for Not Following Faceless Procedure

December 13, 2025 891 Views 0 comment Print

Holding the issue covered by binding precedent, the Court ruled that reassessment proceedings not conducted in a faceless manner are unsustainable in law.

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