The Court directed release of the refund amount deposited before it after finding that no interim order from the Appellate Tribunal restrained refund disbursal. The release was made subject to future appellate orders.
Mumbai ITAT held that genuine outstanding trade liabilities arising from accepted business transactions cannot be treated as unexplained cash credits under Section 68. The Tribunal ruled that once purchases and expenses are accepted, corresponding creditor balances cannot be taxed separately.
CESTAT Delhi set aside the refund rejection order after finding that issues relating to double payment of service tax and CENVAT credit eligibility required proper examination. The matter was remanded for de novo adjudication with an opportunity to produce supporting evidence.
The Bombay High Court set aside a GST refund rejection order after finding that the adjudicating authority failed to provide proper reasons or consider the taxpayer’s submissions. The Court held that refund claims cannot be rejected through non-speaking orders passed without application of mind.
The Tribunal deleted penalty levied on society charges and depreciation disallowances after finding that the claims were fully disclosed in books and audited financial statements. It held that ad hoc disallowances alone cannot trigger concealment penalty.
Bangalore ITAT held that deduction under Section 43B cannot be denied merely because Form 3CD reflected GST payable on the audit report date. The Tribunal directed verification of subsequent payment made before the due date of filing the return.
The Tribunal ruled that bonus shares sold after being held for more than 12 months were taxable as exempt long-term capital gains and not business income. The assessees treatment of bonus shares as investments was accepted.
CESTAT Delhi held that incorrect classification or self-assessment of imported goods does not automatically constitute misdeclaration under the Customs Act. The Tribunal set aside penalties imposed on the Customs Broker.
Chennai ITAT held that seminars, workshops, conferences, and medical training programmes can qualify as “education” under Section 2(15) of the Income-tax Act. The Tribunal revived the 80G renewal application of a cardiology association and remanded the matter for fresh consideration.
ITAT Bangalore held that an appeal filed without verification by the authorized Principal Officer was not maintainable. The Tribunal dismissed the appeal but allowed liberty to file a properly verified appeal with condonation request, if necessary.
