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Gujarat High Court

Gujarat HC allows Interim Disbursement as Worker Claims Require Fresh Verification

December 29, 2025 498 Views 0 comment Print

The issue concerned distribution of liquidation proceeds amid disputes over worker claim verification. The court permitted interim payments while directing independent re-verification of disputed claims.

Reassessment Quashed Due to Change of Opinion After Scrutiny

December 26, 2025 630 Views 0 comment Print

The ruling reiterates that reassessment after four years requires a clear failure by the assessee to disclose material facts. Absence of such failure rendered the notice unsustainable.

Section 263 Revision Quashed as AO Examined Depreciation on Goodwill: Gujarat HC

December 25, 2025 747 Views 0 comment Print

The issue was whether depreciation on goodwill arising from demerger was wrongly allowed. The Court held that since the Assessing Officer had made due enquiries and taken a plausible view, revision under Section 263 was invalid.

GST Refund Denial Quashed After Rule Omission Without Saving Clause

December 25, 2025 432 Views 0 comment Print

The High Court held that GST rules omitted without a saving clause cannot support pending refund denials. All non-final proceedings based on the deleted rules were declared lapsed, entitling taxpayers to refunds.

Subsidiary Serving Parent Co. On Cost-Plus Model Is Exporter of Service, Not Intermediary

December 25, 2025 702 Views 0 comment Print

High Court ruled that software consultancy services provided to a foreign parent on a principal-to-principal basis qualify as export of services. Refund rejection treating them as intermediary services was set aside.

GST Registration Restored Because Outstanding Tax and Dues Were Fully Paid

December 25, 2025 336 Views 0 comment Print

The dispute arose from GST registration cancellation under Section 29(2)(b). The ruling allowed restoration once statutory dues were paid and returns permitted to be filed.

Denial of Cross-Examination Vitiates Assessment Based on Third-Party Statements: Gujarat HC

December 25, 2025 942 Views 0 comment Print

The High Court quashed tax additions where the assessee was denied cross-examination of a key witness whose statements were relied upon. The ruling reiterates that such denial violates principles of natural justice.

Disallowance of claim doesn’t amount to furnishing of inaccurate particulars, hence no penalty u/s. 271(1)(c)

December 25, 2025 426 Views 0 comment Print

Gujarat High Court held that disallowance of claim made in return cannot amount to furnishing of inaccurate particulars. Accordingly, penalty under section 271(1)(c) of the Income Tax Act cannot be levied in such case. Thus, appeal of revenue dismissed and questions of law answered in favour of assessee.

GST Refund Refund Claims Filed Within Limitation Cannot Be Denied Due to Cut-Off Date

December 25, 2025 423 Views 0 comment Print

The Court held that refund claims filed within statutory limitation cannot be rejected merely due to filing after a cut-off date, striking down the impugned circular and directing refund processing.

Reassessment Quashed as Deduction Under Section 80P(2)(d) Was Legally Allowable

December 25, 2025 408 Views 0 comment Print

The Court held that reassessment was invalid where deduction under Section 80P(2)(d) was lawfully claimed by a co-operative society. It ruled that interest from co-operative banks remains deductible when the assessee is not a co-operative bank.

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