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Judiciary

Order solely based on judgement which was over-ruled by Apex Court is liable to be quashed

May 8, 2025 567 Views 0 comment Print

Jharkhand High Court held that order solely based on the judgement which has been later on over-ruled by the Hon’ble Apex Court requires interference and hence the order passed by ITAT is liable to be quashed and set aside.

Blocking of E-Credit Ledger Under CGST Rule 86A Upheld with Sufficient Evidence

May 8, 2025 945 Views 0 comment Print

Patna High Court held that blocking of Electronic Credit Ledger justified since there is sufficient material before department to satisfy with regard to necessity of passing an order under rule 86-A(1) of the CGST Rules, 2017.

VDIS Scheme benefit granted even in absence of original certificate of jewellery

May 8, 2025 624 Views 0 comment Print

ITAT Delhi held that in absence of original certificate, benefit of jewellery and ornaments declared in VDIS Scheme 1997 is granted based on affidavit and valuation report of the jewellery declared under VDIS.

Penalty proceedings u/s. 271(1)(c) against non-existent entity untenable: Calcutta HC

May 8, 2025 789 Views 0 comment Print

Calcutta High Court held that initiation of penalty proceedings under section 271(1)(c) of the Income Tax Act and passing of penalty order thereof in the name of a non-existent entity (i.e. dissolved HUF) is liable to be quashed. Accordingly, appeal of revenue dismissed.

Non-response to summons by 3rd party cannot be reason for addition towards bogus purchase

May 8, 2025 4710 Views 0 comment Print

ITAT Delhi held that addition under section 69C of the Income Tax Act towards bogus purchases cannot be sustained merely for failure on the part of 3rd party in not responding to the summons. Addition set aside since genuineness of transaction proved.

10-Year Reassessment Period Unjustified as Conditions Under Section 153A(1) Not Met

May 8, 2025 3198 Views 0 comment Print

Held that the AO seeks to disallow expenses on account of doubting the genuineness for the reason that the same were not incurred wholly or exclusively for the purpose of the petitioner’s business.

Section 12A Registration Remitted for Clarification on Fulfillment of Conditions

May 8, 2025 789 Views 0 comment Print

ITAT Ahmedabad held that matter regarding rejection of registration under section 12A of the Income Tax Act remitted back to file of CIT(E) with direction to explain the fulfillment of conditions as stipulated u/s.12A(1)(ac)(vi)-Item B of the Act.

Service of demand notice to Key Managerial Personnel of corporate debtor is valid: SC

May 8, 2025 714 Views 0 comment Print

Supreme Court held that demand notice under section 8 of the Insolvency and Bankruptcy Code [IBC] can be served upon corporate debtor through its Key Managerial Personnel. Accordingly, rejecting section 9 petition on technical ground is incorrect and not sustainable.

Gangster Act cannot be invoked merely based on pending cases: SC

May 8, 2025 1479 Views 0 comment Print

Supreme Court sets aside High Court order, quashes Gangsters Act FIR finding predicate cases stemmed from civil property and monetary disputes.

SC Upholds Bail: No Non-Application of Mind or Prima Facie Evidence Issues

May 8, 2025 711 Views 0 comment Print

Supreme Court dismisses appeals against High Court bail orders in a murder case, citing limited scope for interference and proper exercise of discretion.

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