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Judiciary

Section 62 of Bombay Sales Tax Act empowers Tribunal to rectify glaring error

September 23, 2025 420 Views 0 comment Print

Bombay High Court held that Section 62 of the Bombay Sales Tax Act empowers the Tribunal to rectify glaring error. Thus, earlier order which ignored binding precedents can be rectified. Writ disposed of accordingly.

Suspended directors having 51% equity in Corporate Debtor cannot claim to be unaware about initiation of CIRP

September 23, 2025 735 Views 0 comment Print

NCLAT Delhi held that suspended directors, who invested about 5.5 crores and having 51% equity in Corporate Debtor, cannot claim that they were not aware about initiation of CIRP. Accordingly, observation of Adjudicating Authority that Suspended Board of Directors of the Corporate Debtor were not cooperating with the IRP/RP/Liquidator was justifiable.

Bombay Sales Tax Act empowers Tribunal to modify order of part payment passed in First Appeal

September 23, 2025 492 Views 0 comment Print

Bombay High Court held that having regard to the provisions of Section 55(6) of the Bombay Sales Tax Act, 1959, the Tribunal, acting as an Appellate Authority, certainly had powers to modify the order of part payment passed in First Appeal while hearing the Second Appeal.

Penalty u/s. 112 of Customs Act quashed as appellant’s role in over-invoicing not proved with corroborative evidence

September 23, 2025 1065 Views 0 comment Print

CESTAT Kolkata held that penalty cannot be imposed merely on the basis of assumption and presumptions. Accordingly, imposition of penalty u/s. 112(a) of the Customs Act set aside in absence of corroborative evidence proving appellant’s role in mis-declaration/ over-invoicing.

Matter remanded as petitioner was unaware about GST notice uploaded on GST portal

September 23, 2025 663 Views 0 comment Print

Madras High Court held that petitioner failed to reply since GST show cause notice was only uploaded on the GST portal and petitioner was unaware about the same. Accordingly, impugned order is quashed and the matter is remanded to respondent for fresh consideration.

Reassessment notice u/s. 148 without DIN is invalid and non-est

September 23, 2025 1380 Views 0 comment Print

ITAT Chennai held that reassessment notice under section 148 of the Income Tax Act without mandatory Document Identification Number [DIN] is invalid, non-est and hence liable to be quashed. Accordingly, assessment order thereon also collapses.

ITAT Mumbai Rejects Carry Forward Loss Due to 10-Day Delay Despite Medical Hardship

September 23, 2025 561 Views 0 comment Print

Tribunal rules that Mtitanium Apartments cannot claim ₹1.10 crore brought forward business losses as the income tax return for AY 2023-24 was filed late, despite medical hardship.

No Surviving Addition After 154 Rectification – ITAT Delhi Allows Relief u/s 89

September 23, 2025 624 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) in Delhi has ruled that a disputed tax addition is no longer valid after the Assessing Officer (AO) himself rectified the initial assessment order under Section 154 of the Income-tax Act, granting the taxpayer full relief.

Purchase & Reconstruction of Old House Qualifies for Section 54F Exemption: ITAT Delhi

September 23, 2025 1236 Views 0 comment Print

The ITAT Delhi has deleted a Rs. 21.66 crore addition to a taxpayer’s income, ruling that the Assessing Officer illegally expanded the scope of a limited scrutiny. The Tribunal also held that the purchase and reconstruction of an old house qualifies for tax exemption under Section 54F.

Transfer of cases between AOs without Section 127 order is invalid: ITAT Delhi

September 23, 2025 1179 Views 0 comment Print

ITAT Delhi has quashed an ex-parte assessment, ruling that the transfer of an assessee’s file between Assessing Officers requires a specific order under Section 127 of Income-tax Act.

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