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Judiciary

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.

CPC Exceeded Powers: Section 143(1) Adjustment on Insurance Policy Quashed

September 22, 2025 816 Views 0 comment Print

The ITAT Raipur restores Section 10(10D) exemption, ruling the CPC exceeded its powers by making a complex adjustment on an insurance policy’s maturity proceeds.

Central and State Tax Authorities both cannot conduct audit on same subject matter: Section 6(2)(b) of CGST Act violated

September 22, 2025 1068 Views 0 comment Print

Madras High Court held that it is not permissible for Central Tax Authorities to initiate proceedings on same subject matter on which audit already conducted by State Tax Authorities. Accordingly, notice quashed as violative of section 6(2)(b) of the CGST Act, 2017.

Cancellation of GST registration for non-compliance of some procedural requirements not justifiable

September 22, 2025 594 Views 0 comment Print

Calcutta High Court held that cancellation of GST registration for non-compliance of some procedural requirements is not justified. Accordingly, order cancelling GST registration set aside and petitioner directed to file return for entire period of default.

Assessment order under GST quashed as passed beyond show cause notice

September 22, 2025 753 Views 0 comment Print

Madras High Court held that any order travelled beyond the scope of show cause notice is not maintainable. Thus, impugned assessment order under GST was passed beyond the scope of show cause notice is liable to be quashed.

Opportunity of being heard granted as assessment completed on best judgement due to non-response by petitioner

September 22, 2025 492 Views 0 comment Print

Madras High Court held that completion of assessment on best judgement as the petitioner had not shown cause in response to the notice vis-à-vis assessment made after several years of return filing. Hence, matter restored back for providing opportunity of being heard to petitioner.

Reopening u/s. 148 quashed as genuineness of loan already established

September 22, 2025 594 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 148 of the Income Tax Act alleging accommodation entries not sustained in absence of any supporting, independent, tangible material. Accordingly, reopening quashed as genuineness of loan established.

Shore tank quantity to be considered for levy of customs duty in case of bulk liquid cargo

September 22, 2025 462 Views 0 comment Print

CESTAT Ahmedabad held that in case of bulk liquid cargo imports measurement in tanks on shore into which such cargo is pumped from the tanker is to be considered as basis for levy of customs duty.

Section 271(1)(c) cannot be imposed on ad hoc estimation of bogus purchases

September 21, 2025 3135 Views 0 comment Print

PCIT Vs Colo Colour Pvt. Ltd. (Bombay High Court) Bombay High Court in PCIT vs Colo Colour Pvt. Ltd. examined the validity of penalty levied under Section 271(1)(c) of the Income Tax Act, 1961, in the context of alleged bogus purchases claimed by the assessee. The appeal arose from an order dated 31 July 2020 […]

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