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Judiciary

Allahabad HC Quashes GST Demand for Lack of Personal Hearing

January 18, 2025 795 Views 0 comment Print

Allahabad High Court quashes GST demand against Prakash Iron Store for not granting a personal hearing, directing fresh proceedings as per Section 75(4).

Bombay HC quashes reconsideration of SVLDRS application based on admitted tax liability  

January 17, 2025 420 Views 0 comment Print

Bombay HC quashes rejection of Santosh Bhandarkar’s SVLDRS application, orders reconsideration based on admitted tax liability under the Scheme.

Operational Creditor Entitled to Extension U/S 19 of Limitation Act as Conditions Met

January 17, 2025 312 Views 0 comment Print

NCLAT Delhi held that benefit of extension of limitation under section 19 of the Limitation Act entitled to the operational creditor since last payment was made within period of three years and the same was acknowledged in writing by Corporate Debtor.

Provisions of SICA would override provisions of Income Tax Act: ITAT Ahmedabad

January 17, 2025 390 Views 0 comment Print

ITAT Ahmedabad held that provisions of Sick Industrial Companies Act [SICA] would override the provisions of Income Tax Act. Thus, set off of business loss granted on the basis of Board for Industrial and Financial Reconstruction [BIFR] order.

Rejection of application u/s. 12AB without considering replies not justified: Matter remitted

January 17, 2025 276 Views 0 comment Print

ITAT Delhi held that rejection of application for registration u/s. 12AB of the Income Tax Act by CIT(Exemptions) without considering replies and explanations furnished by the applicant is not justified. Accordingly, matter remitted back for fresh consideration.

Authorities cannot retain seized cash after expiry of period for framing assessment u/s. 153A

January 17, 2025 486 Views 0 comment Print

Delhi High Court held that income tax authorities cannot retain seized cash once time period for framing an assessment under section 153A of the Income Tax Act has expired and there is no outstanding demand. Accordingly, petition disposed of.

Reduction in share capital results into transfer of capital asset u/s. 2(47): SC

January 17, 2025 279 Views 0 comment Print

Supreme Court held that the reduction in share capital of the subsidiary company results into the transfer of capital asset as envisaged in section 2(47) of the Income Tax Act. Accordingly, petition of revenue dismissed.

Telescoping of income not allowed if assessee not accepted cash credits: ITAT Ahmedabad

January 17, 2025 243 Views 0 comment Print

Assessee is engaged in the business of Manufacturing and Trading of Mill Board Paper, Cone, S.S. Rolled Patta and commission agent. The assessee company filed return at income of Rs. 2,77,330/-.

Recovery of encashment of bank guarantee cannot be made effective until expiry of appeal period: Delhi HC

January 17, 2025 105 Views 0 comment Print

The matter arises out of three “Advance Authorisation Licenses” which allow to import “Walnut Inshell of Chandler Variety” at nil rate of duty with the condition that the Petitioner would fulfil the export obligations.

Enhancement in rectification without providing opportunity: Orissa HC quashed VAT order

January 17, 2025 72 Views 0 comment Print

Petitioner alleged that appeal order no. 3623 dated 21.10.2023 mentioned in intimation dated 30.11.2024 was never communicated to petitioner as mandate of Rule 121 in Odisha VAT.

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