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Judiciary

Calcutta HC Upholds DRAT Order dismissing Appeal of MSME against action of Bank under SARFAESI Act

August 28, 2025 681 Views 0 comment Print

Calcutta High Court held that DRAT order dismissing appeal of MSME upheld since MSME did not avail of the facilities and allowed the Securitization and Reconstruction of financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 to run its course, then it is not entitled to any protection.

CENVAT Credit Refund was permissible even when exported output service was not being taxable

August 28, 2025 1056 Views 0 comment Print

Refund of CENVAT Credit was permissible on input services used in export, even if the exported output service was not taxable during the relevant period.

Clerical error in filing GSTR-3B was allowed to be rectified in line with GSTR-1

August 28, 2025 1743 Views 0 comment Print

Mere clerical error in filing GSTR-3B, when GSTR-1 reflected correct figures and no revenue loss occurred to department, could not be a ground for raising tax demands and taxpayer was permitted to rectify a clerical error made while filing GSTR-3B.

ITAT Cochin Upholds Additions in Search-Based 153A Assessment based on incriminating material

August 28, 2025 534 Views 0 comment Print

The ITAT Cochin has dismissed appeals by Trivandrum Cable Network (P.) Ltd., upholding additions made under Section 153A based on incriminating material found during search operations.

ITAT Cuttack Quashes Penalty u/s 271D on Wrong AY Basis

August 28, 2025 678 Views 0 comment Print

ITAT Cuttack deletes Section 271D penalty against Jogendra Kumar Panda, ruling cash transaction violation pertained to wrong assessment year.

Transfer of Leasehold Rights of Industrial Plots was not taxable as supply under GST u/s 7(1)(a)

August 28, 2025 699 Views 0 comment Print

Transfer or assignment of leasehold rights of industrial plots did not amount to a taxable supply under the Goods and Services Tax Act, 2017 as per provisions of Section 7(1)(a) read with Schedule II and Schedule III.

Bail rejected as twin condition u/s. 45(1) of PMLA not fulfilled

August 28, 2025 594 Views 0 comment Print

Jharkhand High Court dismissed the bail application since the twin condition as provided under Section 45(1) of the Prevention of Money Laundering Act, 2002 is not being fulfilled. Also, there is sufficient material collected by ED to show that the applicant is prima facie guilty of the alleged offences.

Liberty to file GST appeal granted as option of admitted liability inadvertently not changed

August 28, 2025 477 Views 0 comment Print

Madras High Court held that option of admitted liability inadvertently not changed to disputed liability and hence petitioner was unable to file appeal. Accordingly, liberty is granted to file an appeal after depositing 15% of disputed tax amount.

Dismissal of appeal by CIT(A) without rendering finding on merits is against principles of natural justice

August 28, 2025 621 Views 0 comment Print

ITAT Ahmedabad held that CIT(A)-NFAC has dismissed the appeal without rendering any findings on the merits of the case, which is against the principles of natural justice. Accordingly, order of CIT(A)-NFAC is set aside, and matter is restored to the file of CIT(A)-TP for fresh adjudication on merits.

Explanation to section 14A inserted vide Finance Act, 2022 is prospective in nature

August 28, 2025 813 Views 0 comment Print

ITAT Mumbai held that the Explanation to section 14A of the Income Tax Act inserted by the Finance Act, 2022 is prospective in nature and cannot be applied to assessment years preceding the amendment. Accordingly, appeal of revenue dismissed.

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