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Madras HC Restores GST Registration Canceled for Non-Payment Due to Financial Crisis

September 21, 2024 1386 Views 0 comment Print

Madras High Court held that cancellation of GST registration due to non-payment of GST due to the financial crisis faced by the petitioner restored as the same will motivate the petitioner to do his business and pay pending tax.

Section 271E penalty Initiation without recording reasons unsustainable: Madras HC

September 21, 2024 750 Views 0 comment Print

Madras High Court held that the Assessment Officer has not recorded the reasons for arriving at a subjective satisfaction to initiate penalty proceedings under Section 271E of the Act, which is mandatory. Thus, order set aside.

Second time attachment of bank A/c without providing fresh reasons is illegal: Allahabad HC

September 21, 2024 552 Views 0 comment Print

Allahabad High Court held that second attachment of bank account under section 83 of the Central Goods and Services Tax Act without providing fresh reasons is illegal, arbitrary and non est in law. Accordingly, provisional attachment order quashed.

GST Registration Cancellation Without intelligible Reason Unwarranted: Delhi HC

September 21, 2024 483 Views 0 comment Print

Delhi High Court held that cancellation of GST registration with retrospective effect without providing any intelligible reason for cancellation is unsustainable. Accordingly, impugned cancellation order is void.

Freezing entire account without quantifying amount & period unjustified: Madras HC

September 21, 2024 2703 Views 0 comment Print

Madras High Court held that under the guise of investigation, order freezing the entire account without quantifying the amount and period cannot be passed. Such order will be construed as violation of the fundamental rights of trade and business.

Enquiry Report Against Assessee Quashed due to Procedural Lapses Under Regulation 17(5) of CBLR, 2018

September 21, 2024 993 Views 0 comment Print

Assessee-customs broker firm had challenged the suspension of its license by the Principal Commissioner of Customs, Chennai, and subsequent proceedings initiated for the revocation of its license.

No reassessment if AO failed to issue mandatory notice u/s 143(2) before assessment

September 21, 2024 1659 Views 0 comment Print

Where AO failed to issue a notice under Section 143(2) and proceed directly by rejecting the  return filed by assessee, the reassessment action would thus be liable to be quashed.

Reopening concluded assessment jurisdictionally not sustainable: Delhi HC

September 21, 2024 903 Views 0 comment Print

Delhi High Court held that that there was no justification for the respondents to issue notices afresh seeking to reopen the proceedings which had been concluded prior to the judgment passed in Ashish Agarwal.

Addition Based Solely on Assessee’s Admission Without Evidence Not Sustainable: Rajasthan HC

September 21, 2024 984 Views 0 comment Print

Rajasthan High Court held that addition on account of bogus accommodation entries merely based on admission of assessee in absence of any corroborative evidence unjustified. Thus, addition held as unsustainable.

Lease Rent from Industrial Park Property Taxable as Business Income: Madras HC

September 21, 2024 1293 Views 0 comment Print

Madras High Court held that lease rent received from letting out property in industrial park is chargeable to tax under the head ‘Income from Business’ and not under the head ‘Income from house property’.

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