The Court held that penalty under Section 48(5) cannot be imposed based solely on suspicion without proof that the transaction was omitted from books. The order was set aside due to lack of evidence of intent to evade tax.
The Court held that insolvency law cannot be used to sidestep a maintenance order. It ruled that the petitioner’s plea lacked legal foundation and refused to declare him insolvent.
The Court quashed the ex-parte GST order after finding that no reply or hearing was granted. The matter was remanded for reconsideration, with fresh adjudication subject to the Supreme Court’s ruling on related notifications.
The Court held that earlier orders ignored relevant High Court decisions interpreting Rule 90(3). The refund claim must now be reconsidered afresh within a fixed timeline.
The Court held that objections raised by Customs lacked merit, noting similar goods were earlier cleared without issue. The review was dismissed and costs were imposed for unjustified action.
The High Court held that the Commissioner did not properly apply the wide discretionary powers under section 264. The matter was remanded for fresh consideration in light of the petitioner’s circumstances and submitted records.
The tribunal held that brought-forward losses and unabsorbed depreciation remain in the books until fully absorbed and must be allowed as reduction under Section 115JB. The ruling rejects the Revenue’s stand and upholds the CIT(A)’s deletion of the addition.
Court held that undisclosed income under Chapter XIV-B may be computed using both seized search material and other information connected to it. The ruling confirms the Assessing Officer’s power to rely on post-search enquiries if they relate to search evidence.
The High Court ruled that undisclosed income can be assessed using both search material and other information relatable to it, confirming the ITAT’s interpretation of Section 158-BB.
The Kerala High Court held that the Commissioner’s suo motu revision under Section 263 was unjustified, confirming that donations to other charitable trusts qualify as application of income under Section 11.
