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Penalty u/s. 10(d) of CST Act without mens rea untenable: Allahabad HC

January 20, 2025 693 Views 0 comment Print

Allahabad High Court held that imposition of penalty under section 10(d) of the Central Sales Tax Act [CST Act] in absence of mens rea is untenable in law. Accordingly, order of penalty is liable to be quashed.

Passing attachment order inspite of pending appeal not justified: Madras HC

January 20, 2025 822 Views 0 comment Print

Madras High Court held that passing of attachment order and debit for amount of arrears inspite of pending appeal is not justified. Accordingly, departmental officer directed to refund the amount.

Disqualification of village panchayat member due to non-payment of grampanchayat taxes not justified

January 20, 2025 1512 Views 0 comment Print

Bombay High Court held that disqualification of village panchayat member under section 41(1)(h) of the Maharashtra Village Panchayats Act merely because of non-payment of Grampanchayat taxes not justified.

Pre-June, 2019 Duty Quantification Validates SVLDR Application: Bombay HC

January 20, 2025 495 Views 0 comment Print

Bombay HC upholds SVLDR Scheme eligibility for duty quantified before June 30, 2019, despite post-deadline notice issuance in Bramhanand Kanojia case.

Service by subsidiary to parent in independent capacity not ‘intermediary service’: Gujarat HC

January 20, 2025 1263 Views 0 comment Print

Gujarat High Court held that service provided by the subsidiary company to its parent company in independent capacity doesn’t fall within the category of ‘intermediary service’ under section 2(13) of Integrated Goods and Services Tax Act, 2017 [IGST Act].

Mandatory twin Conditions to be satisfied u/s 127 for transferring assessee’s case from one officer to another

January 20, 2025 1503 Views 0 comment Print

Assessee was justified in objecting to jurisdiction of AO and transfer of his case, which obviously could not have been adjudicated upon without affording an opportunity of hearing and disclosing to him the reasons for not accepting his point of view.

AO must be satisfied that accommodation entries exist before proceeding u/s 148

January 20, 2025 1326 Views 0 comment Print

Where assessee had produced ledger accounts, AO did not have any material to substantiate that deposits aggregating ₹66,44,134/- were made in assessee’s bank account to contradict the same.

Ground not addressed by CIT(A) cannot be taken up by ITAT: Delhi HC

January 20, 2025 876 Views 0 comment Print

Delhi High Court held that ITAT cannot address the ground which remained unaddressed by CIT(A). Accordingly, matter restored back to CIT(A) to decide on the grounds that were not decided.

Addition towards contribution to unrecognized provident fund rightly deleted

January 20, 2025 567 Views 0 comment Print

Punjab and Haryana High Court held that ITAT rightly deleted addition towards contribution to unrecognized provident fund as assessee has duly discharged its onus. Accordingly, petition disposed of.

Provision for leave salary not allowable as deduction u/s. 43B(f): Madras HC

January 18, 2025 2454 Views 0 comment Print

Madras High Court held that provision for leave salary is not allowable as deduction under section 43B(f) of the Income Tax Act since deduction of actual payment is allowable and not of provision. Accordingly, question of law answered in favour of revenue.

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