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Judiciary

Arbitration Deposit Valid Against OPC but No Personal Liability for Sole Shareholder Without Contractual Basis: HC

July 25, 2025 645 Views 0 comment Print

Bombay High Court sets aside personal liability for One Person Company director in arbitration, upholding asset deposit by the company. Judgment clarifies Section 17 powers.

GST Section 74 Invoked Without Proof of Fraud or Suppression: HC Quashes Assessment

July 25, 2025 1986 Views 0 comment Print

Madras HC sets aside a GST assessment order, ruling that tax authorities cannot invoke extended limitation period under Section 74 without explicitly proving fraud, wilful misstatement, or suppression of facts.

ITAT Upholds Natural Justice, Directs CIT(A) to Hear Assessee Before Final Order

July 25, 2025 840 Views 0 comment Print

ITAT Raipur remands tax appeals for Brajesh Singh Bhadoria, citing ex-parte orders and natural justice violations. The ruling emphasizes the right to be heard and the proper adjudication of merits at the first appellate level, referencing key judicial precedents.

Limitation Under GST Is Mandatory: HC Quashes Order for Delay in SCN Issuance

July 25, 2025 1245 Views 0 comment Print

Telangana High Court sets aside assessment order against Durga Bhavani Enterprises, ruling the show cause notice was issued beyond the statutory limitation period under CGST Act.

Dual Proceedings Illegal: HC Quashes State SCNs Following Prior Central GST Action

July 25, 2025 948 Views 0 comment Print

Karnataka High Court set aside state GST notices against Toyota Kirloskar Motor, citing dual proceedings. Central GST notice to be re-examined.

No action by ED in absence of predicate offence: Madras HC

July 25, 2025 960 Views 0 comment Print

Madras High Court held that the PMLA demands the existence of a predicate offence. When there is no predicate offence, initiation of proceedings under PMLA is a non starter. Thus, no predicate offence, no action by ED.

1 Cr Bank Guarantee on ₹18L Import Onerous, HC Remands Case on Animal Feed Classification

July 25, 2025 768 Views 0 comment Print

This Court considering the nature of the cargo and considering the facts that the said cargo had arrived at Chennai Port on 29.11.2024, deemed it fit to direct Revenue to reconsider the impugned order within a period of three weeks from the date of receipt of a copy of this order.

No Criminal Case Based on Unverified Swiss Account Docs from Foreign Govt

July 25, 2025 762 Views 0 comment Print

Significant to note that the assessment order was passed in the backdrop of information received from the French Government under the Double Taxation Avoidance Agreement (DTAA), indicating that assessee held bank accounts in HSBC Private Bank (Suisse), SA, Switzerland.

Disallowance should be restricted to profit element in case of of bogus purchases when sales were not doubted

July 25, 2025 651 Views 0 comment Print

When sales were not doubted, entire purchases could not be disallowed merely on the ground that suppliers were non-genuine, it was deemed appropriate to restore the matter back to the file of AO for carrying out limited verification and addition should be restricted to profit estimation.

Section 206AA doesn’t override provisions of section 90(2): Gujarat HC

July 25, 2025 447 Views 0 comment Print

Gujarat High Court held that since provisions of DTAA would override the provisions of the Domestic Act where the provisions of the DTAA are more beneficial to the assessee. Thus, section 206AA of the Income Tax Act doesn’t override the provisions of 90(2) of the Income Tax Act.

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