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Judiciary

Hotel Did Not Pass GST Rate Cut, Profiteered ₹31.28 Lakh: GSTAT

September 5, 2025 483 Views 0 comment Print

GSTAT rules M/s Hotel Babylon Inn Pvt. Ltd. profiteered ₹31,28,631 by not passing GST rate reduction benefit to consumers. Details and judgment analysis.

Imposing penalty under GST by passing ex-parte order not sustained as GST notice uploaded only on portal

September 5, 2025 945 Views 0 comment Print

Madras High Court held that passing of ex-parte order and imposing penalty under section 125 of the GST Act is not sustainable since GST notice was uploaded only in the GST portal and not served physically. Accordingly, matter remanded back for fresh consideration.

Bombay HC: No Disclosure Failure, No Reopening After 4 Years

September 5, 2025 459 Views 0 comment Print

Bombay High Court rules against the Income Tax Department, stating that a reassessment notice issued after 4 years is invalid without a clear allegation of the assessee’s failure to disclose material facts.

Ex Parte Dismissal Set Aside -Section 50C Addition of ₹27.80 Cr in JDA Dispute Remanded for Re-Examination

September 5, 2025 336 Views 0 comment Print

ITAT Bangalore rules that an appeal cannot be dismissed for non-prosecution. The CIT(A) is bound to adjudicate on the merits, especially in complex JDA cases.

No Incriminating Material, No Addition – ITAT Bangalore Deletes Suppression Additions

September 5, 2025 435 Views 0 comment Print

ITAT Bangalore deletes additions in the KC Raju Hospital case, confirming that no additions can be made to unabated assessment years without specific incriminating material.

Re-assessment u/s. 148 quashed as sanction provisions u/s. 151(ii) violated

September 5, 2025 1056 Views 0 comment Print

Bombay High Court held that re-assessment notice issued u/s. 148 of the Income Tax Act is bad-in-law as being violative of provisions of section 151(ii) of the Act. Accordingly, order passed u/s. 148A(d) liable to be quashed.

Unsecured loan addition u/s. 68 not sustained as identity, creditworthiness and genuineness proved

September 5, 2025 657 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act treating unsecured loan as unexplained credit not justified since assessee has proved identity, creditworthiness and genuineness of the credit. Accordingly, appeal is allowed.

Cost of freight for air transport to be restricted to 20% of FOB value: CESTAT Delhi

September 5, 2025 960 Views 0 comment Print

CESTAT Delhi held that duty to be levied on CIF value and cost of freight for transport via air to be restricted to 20% of Free on Board [FOB] value of the goods. Hence, demand of differential duty sustained.

Deduction u/s. 80IB and 80HHC is allowable simultaneously: ITAT Lucknow

September 5, 2025 279 Views 0 comment Print

ITAT Lucknow held that deduction under section 80IB and section 80HHC of the Income Tax Act is simultaneously allowable from the net profit. Accordingly, addition is directed to be deleted and appeal is allowed.

Section 138 Proceedings Can Continue Against Individual Directors Despite IBC Proceedings

September 5, 2025 825 Views 0 comment Print

The Allahabad High Court disposed of multiple petitions from an individual challenging summoning orders in cheque bounce cases under the Negotiable Instruments Act.

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