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Judiciary

JDA Revenue Sharing – No GST Liability on Landowner: Karnataka HC

August 3, 2025 20262 Views 0 comment Print

The Karnataka High Court has ruled that a landowner is not liable for GST on a Joint Development Agreement if the developer has already paid the full tax, preventing double taxation.

GST Refund Rejection Invalid Due to Breach of 60-Day Limit Under Section 54(7): Calcutta HC

August 3, 2025 1785 Views 0 comment Print

The Calcutta High Court ruled that the 60-day statutory time limit for processing GST refund applications is mandatory. The court quashed a rejection order and ordered a full refund.

Assessment Quashed: NFAC Lacked Jurisdiction Prior to 29.03.2022, Holds ITAT Kolkata

August 3, 2025 5787 Views 0 comment Print

The ITAT Kolkata rules on the Nabiul Industrial Metal case, deeming an assessment invalid due to jurisdictional issues with the faceless assessment scheme’s implementation date.

Securities Scam Fund: Section 69A Not Invoked as Assessee Not Owner of Unexplained Money

August 3, 2025 1104 Views 0 comment Print

The Delhi High Court upholds the ITAT’s decision to delete a Rs. 5.17 crore addition to Anoop Jain’s income, finding no evidence he owned the funds under Section 69A of the Income Tax Act.

Section 234E Fee Cannot Be Levied Without Valid TDS Deduction Liability

August 3, 2025 981 Views 0 comment Print

ITAT Ahmedabad partially allows an appeal by Bhikhabhai Hirabhai Patel, reducing late filing fees after ruling that TDS is not applicable to property transfers under Rs. 50 lakhs per transferee.

ITAT Recalls Order, Cites Jurisdictional Mistake

August 3, 2025 762 Views 0 comment Print

ITAT Bangalore recalls an order in the case of Smt. M.K. Rajeshwari, ruling that a Single Member Bench should not have heard the appeal as the assessed income exceeded the Rs. 50 lakh limit.

Retired Partner Liable for GST Dues if Not intimates under Sec 90: P&H HC

August 3, 2025 2244 Views 0 comment Print

P&H High Court has ruled that a retired partner remains liable for a firm’s GST dues if they fail to provide timely intimation of their retirement to Commissioner.

Ocean freight not liable to Service Tax on reverse charge basis

August 3, 2025 1542 Views 0 comment Print

CESTAT Delhi ruled that ocean freight for imported goods is not liable for service tax, citing a Gujarat High Court decision that the tax is extraterritorial.

Failure to refer FMV to DVO renders capital gains addition invalid: ITAT Cochin

August 3, 2025 612 Views 0 comment Print

The ITAT Cochin has ruled that an Assessing Officer must refer a property’s fair market value to a DVO. Failure to do so invalidates any capital gains addition.

ITAT Chennai Quashes Reassessment which was Based on mere Audit Objection

August 3, 2025 1026 Views 0 comment Print

The ITAT Chennai has quashed a reassessment against Ambattur Constructions, ruling that a mere audit objection without fresh material is not a valid basis for reopening a completed assessment.

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