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Date of original assessment order considered for limitation period for revisionary proceeding u/s. 263

July 29, 2025 933 Views 0 comment Print

Respondent/Assessee is a limited company. Original assessment order was passed on 31.08.2006. The assessment was reopened and was completed u/s. 143(3) r.w.s 147 of the Act on 30.12.2009 qua computation of capital gains regarding assessee’s sale of its land and building.

Non-granting seven days for furnishing reply is violative of SOP hence notice quashed

July 29, 2025 1536 Views 0 comment Print

Telangana High Court held that non-granting of at least seven days for furnishing reply is against the Standard Operating Procedure [SOP] dated 03.08.2022 issued by department. Accordingly, notice and order thereof is not sustainable.

Separate GST Proceedings Under Sec 73 & 74 Valid, Double Demand Quashed

July 29, 2025 9192 Views 0 comment Print

Calcutta High Court clarifies Section 73 & 74 GST notices are distinct. Quashes double demand on ITC, upholds RCM demand clarity in Sayan Biswas case.

Fraudulent GST Registration: Bombay HC Slams UIDAI, Govt for Inaction in ID Fraud Case

July 29, 2025 5880 Views 0 comment Print

Bombay High Court criticises UIDAI, banks, and tax authorities over five-year delay in addressing Aadhaar-PAN identity fraud against a Mumbai trader.

Writ Dismissed in GST Case Involving Circular Transactions of Non-Existent ITC

July 29, 2025 780 Views 0 comment Print

Patna High Court dismisses writ petition in Rs 3 crore ITC fraud case involving multiple GSTINs and NIL returns, stating no prima facie grounds for intervention under Article 226.

Deceased Taxpayer GST Assessment Invalid Without Notice to Legal Heir  

July 29, 2025 828 Views 0 comment Print

Kerala High Court rules assessment proceedings against a deceased person are invalid if notice isn’t served to legal heirs under Section 93 of the CGST Act.

Orissa HC Dismisses GST Writ as Appeal Pending, Attachment Withdrawn

July 29, 2025 390 Views 0 comment Print

The Orissa High Court has dismissed a writ petition from Manoj Distributor as infructuous after the GST department withdrew an attachment order, acknowledging a pending appeal with pre-deposit.

Madras HC Condones 1-Day GST Appeal Delay due to Sunday

July 29, 2025 495 Views 0 comment Print

Madras High Court condones a one-day delay in filing a GST appeal, setting aside the department’s rejection, as the due date fell on a Sunday, ensuring a fair hearing on merits.

Penalty Under 271(1)(c) Fails as Reopening Found Invalid: Madras HC

July 29, 2025 912 Views 0 comment Print

The Madras High Court ruled that income tax assessment and penalty proceedings cannot survive if the foundational Section 148 reassessment notice has been statutorily quashed.

Madras HC Sets Aside Reopening Beyond 4 Years Based on Disclosed Facts

July 29, 2025 1089 Views 0 comment Print

Madras High Court ruled that income tax reassessment based on information already available in audited financial statements is invalid, finding no failure by the company to disclose material facts.

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