Gujarat High Court held that Revisional authority ought to have taken into consideration that AO has to pass best judgement assessment order without granting an opportunity of being heard. Thus, matter remanded back to AO for de novo consideration.
ITAT Mumbai held that the view taken by AO was a plausible view and the same cannot be subjected to revision under Section 263 of the Act merely for the reasons that PCIT does not agree with the same. Accordingly, appeal of assessee allowed.
Himachal Pradesh High Court held that pending tax in respect of vehicles purchased in auction is to be paid by the auction purchaser. Also held that there is no equity in taxation law and law would prevail in case of conflict between law and equity.
Calcutta High Court upholds quashing of an assessment order due to the Assessing Officer’s inherent lack of jurisdiction, citing CBDT instructions on nil income cases.
Calcutta HC stays GST assessment order for FY19-20, questioning Section 168A force majeure extension. Petitioner argues time-barred order and improper ITC reversal. Ongoing legal debate on GST limitation period.
Jharkhand High Court mandates GST reimbursement for government contractors on pre-GST contracts, reinforcing fair play and equality, citing prior judicial precedents.
Delhi High Court quashes GST orders against National Enterprises, mandating an opportunity for hearing even after registration cancellation, as notices were not served.
ITAT Pune remands Sai Shikshan Prasarak Mandal’s exemption case (Sec 10(23C)(iiiad)) to CIT(A), citing lack of fair hearing. Delay condoned based on Supreme Court’s Katiji precedent.
ITAT Cochin partially allowed an NRI assessee’s appeal, restricting the disallowance of construction costs to Rs. 10 lakhs from Rs. 1.3 crore and deleting the cost of improvement, citing lack of documentary evidence.
Delhi High Court directs assessee to appellate remedy for ITC denial due to delayed GSTR-3B filing, citing factual issues and available statutory appeal under CGST Act.
