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Judiciary

Exporter’s Refund Rejection Quashed By Delhi High Court- Date Of LUT Timing Held Irrelevant

September 22, 2025 1332 Views 0 comment Print

Delhi HC sets aside the rejection of an exporter’s GST refund, ruling the department’s reasoning was flawed as the LUT was filed before exports.

Penalty quashed u/s 129 of CGST Act for solely relying on supplier’s statement

September 22, 2025 1320 Views 0 comment Print

Calcutta High Court quashed a GST penalty under Section 129, ruling the tax authority relied solely on an unverified supplier statement without proving intent to evade tax.

Revenue could tax only if case fell within four corners of Statute, not on legislative intent or substance

September 22, 2025 618 Views 0 comment Print

The case of assessee was that the assessments for these years were time-barred. It was urged that in view of the limitation prescribed under Section 19 of the Act, the authority concerned initially declared the assessments for all the years to be time-barred.

Section 56(2)(x) Addition Cannot Be Based on Guesswork of Stamp Duty

September 22, 2025 1518 Views 0 comment Print

The ITAT ruled that a tax addition under Section 56(2)(x) cannot be made solely on stamp duty value. The AO must first obtain a DVO valuation.

Extraordinary Delays due to COVID & procedural hurdle Can Be Condoned: ITAT Raipur

September 22, 2025 486 Views 0 comment Print

The ITAT Raipur condoned a 1,742-day delay for an assessee, restoring their appeal. The ruling emphasizes a justice-oriented approach and bars CIT(A) from dismissing cases solely for delay.

Computer-Aided Scrutiny Notice Without Prescribed Format is Invalid: ITAT Kolkata

September 22, 2025 582 Views 0 comment Print

ITAT Kolkata ruled a tax notice invalid for not specifying scrutiny type, quashing the entire assessment. The ruling reinforces that tax authorities must follow CBDT instructions.

Merits Over Technicalities: ITAT Condones 518-Day Delay, Sets Aside Ex Parte CIT(A) Orders

September 22, 2025 342 Views 0 comment Print

The ITAT Rajkot condoned a 518-day delay for Arham Enterprise, setting aside an ex parte CIT(A) order. The tribunal’s decision prioritizes a case’s merits over technicalities.

Dumb Documents Cannot Replace Evidence- ITAT Kolkata Deletes Rs. 11.35 Cr Addition

September 22, 2025 897 Views 0 comment Print

The ITAT Kolkata deleted a ₹11.35 crore addition, holding that a retracted survey statement and “dumb documents” are insufficient to prove undisclosed income under Section 69A.

CIT(A) Has No Power to Remand in 201 Proceedings -SECL’s Multi-Crore TDS Dispute Sent Back

September 22, 2025 441 Views 0 comment Print

The ITAT Raipur ruled that the CIT(A) overstepped its jurisdiction by remanding a multi-crore TDS dispute involving SECL. The decision clarifies that a CIT(A) cannot remand cases that were not assessed under Section 144.

Penalty u/s. 112(b)(i) of Customs Act quashed as no evidence established that gold bars were smuggled

September 22, 2025 858 Views 0 comment Print

CESTAT Kolkata held that imposition of penalty under section 112(b)(i) of the Customs Act, 1962 not justified since there is no evidence available on record to show that the gold bars were of foreign origin and smuggled into the country.

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