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Judiciary

Order sustained as requirement u/s. 75(4) of CGST Act duly complied: Patna HC

May 12, 2025 1233 Views 0 comment Print

Patna High Court held that order passed by the State Authority sustained since that there is no violation of principles of natural justice much less any violation of the statutory provisions as contained in sub-section (4) of Section 75 of the CGST/ BGST Act, 2017.

High sales during demonetization cannot be reason to assume that sales were fictitious

May 12, 2025 633 Views 0 comment Print

The case of the assessee was selected for complete scrutiny under CASS for the reasons i.e., abnormal increase in cash deposits during demonetization period as compared to pre-demonetization period.

Disallowance u/s. 56(2)(viib) unwarranted as creditworthiness cannot be doubted when share allotted to existing shareholder

May 12, 2025 954 Views 0 comment Print

ITAT Delhi held that disallowance of share premium under section 56(2)(viib) of the Income Tax Act not sustainable since shares are allotted to an existing shareholder and hence creditworthiness cannot be doubted. Accordingly, appeal of revenue dismissed.

Accepting additional evidence and granting relief u/s. 10(26AAA) by CIT(A) without hearing AO not justifiable

May 12, 2025 576 Views 0 comment Print

ITAT Kolkata held that CIT(A) accepted additional evidence and allowed the relief u/s. 10(26AAA) of the Income Tax Act without allowing an opportunity of being heard to AO. Therefore, the order of CIT(A) is in contravention of Rule 46A(3) of the I.T. Rules, 1962.

Without verification, documents signed by third party cannot be held to be colourable devise

May 12, 2025 1128 Views 0 comment Print

ITAT Jaipur held that without considering the merits of the dispute and without verifying the veracity of the documents, the documents signed by third party cannot be directly held to be colorable devise. Accordingly, matter remanded to AO for due verification.

Weighted deduction u/s. 35(1)(ii) disallowed as institution didn’t had valid registration

May 12, 2025 753 Views 0 comment Print

ITAT Ahmedabad held that weighted deduction under section 35(1)(ii) of the Income Tax Act rightly disallowed as donation is given to Arvindo Institute of Applied Scientific Research Trust who doesn’t have valid registration. Accordingly, appeal of assessee dismissed.

GST Order should not exceed Notice Amount & Grounds: Allahabad HC

May 12, 2025 1326 Views 0 comment Print

Allahabad High Court sets aside a tax demand against Vibhuti Tyres, citing a violation of Section 75(7) of the GST Act as the final demand exceeded the show-cause notice amount.

Allahabad HC Quashes GST Demand, Cites Denial of Hearing

May 12, 2025 1056 Views 0 comment Print

Allahabad High Court sets aside a GST demand on Priya Enterprises, citing denial of a mandatory personal hearing after the taxpayer replied to the show cause notice. Case remanded to tax authorities.

Assessee Not Liable for Non-Attendance of Summoned Parties: ITAT Mumbai

May 12, 2025 558 Views 0 comment Print

ITAT deletes tax addition on Priya Enterprises’ bullion trades, ruling genuineness was settled in prior litigation and delivery proved non-speculative nature.

ITAT Bangalore Upholds TDS Claim by Single Heir on Joint Property Sale

May 12, 2025 657 Views 0 comment Print

Mumbai ITAT rules on TDS credit for joint property sale where full TDS was in one co-owner’s name but income taxed by all heirs.

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