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Judiciary

Delhi HC Clarifies ‘Any Person’ Under Section 122(1A) GST: A Game-Changer

May 2, 2025 1563 Views 0 comment Print

Delhi High Court directs directors penalised in GST evasion case to use appellate remedies, clarifies ‘any person’ liability under CGST Act.

Challenge against order u/s 148A was not maintainable under Article 226 without exceptional grounds

May 2, 2025 834 Views 0 comment Print

Unless there were exceptional reasons like violation of the principles of natural justice or such other exceptional reasons, a challenge against an order under section 148A ought not to be entertained by the High Court under Article 226 of the Constitution of India.

Arbitration award pronounced after approval of resolution plan cannot be sustained

May 2, 2025 588 Views 0 comment Print

Supreme Court held that arbitration proceeding culminating into award post approval of resolution plan by NCLT is not tenable in law since Facilitation Council loses its jurisdiction to proceed and pronounce arbitral award in view of approved resolution plan.

100% EOU is a customs bonded unit hence permission granted to remove cashew kernels for re-processing

May 2, 2025 693 Views 0 comment Print

Kerala High Court held that 100% Export Oriented Unit i.e. EOU is itself a customs bonded unit and hence no reason exists to deny permission to the petitioner to remove the cashew kernels covered by Bill of Entry to be re-processed in its own customs bonded premises.

Application of cash received from unrecorded cash sales needs verification hence matter restored

May 2, 2025 603 Views 0 comment Print

ITAT Pune held that application of cash received from unrecorded cash sales needs verification since assessee claims that it is applied for giving advance to the farmers for purchase of raw material and also for expansion of the existing showroom.

Share Application Money from Existing Shareholders, Later Converted to Shares, Is a Capital Receipt

May 2, 2025 963 Views 0 comment Print

ITAT Mumbai rules share application money from existing shareholders, later converted to shares, is a capital receipt, not taxable as business income u/s 28(iv).

Section 40(a)(ia) disallowance Invalid If Payee Declared Income; Form 26A Not Applicable Pre-2012

May 2, 2025 918 Views 0 comment Print

ITAT Kolkata allows appeal, holding TDS disallowance unsustainable if payee taxed income, especially when Form 26A wasn’t applicable.

No Section 270A Penalty for Delay in Filing Form 67 if no Misreporting of Income

May 2, 2025 939 Views 0 comment Print

ITAT Visakhapatnam rules no penalty for late Form 67 filing when foreign tax payment is genuine; upholds CIT(A) decision against Revenue.

Interest on Enhanced agricultural Land acquisition Compensation Under Section 28 is Tax-Free

May 2, 2025 3558 Views 0 comment Print

ITAT Delhi holds interest on enhanced land acquisition compensation under Section 28 is tax-free under Section 10(37), not taxable under Section 56.

ITAT Bangalore Quashes Reassessment Over Procedural Flaws in New Framework

May 2, 2025 1365 Views 0 comment Print

Analysis of ITAT Bangalore order in E. Ashwath Narayan vs. ITO case, focusing on procedural violations and assessment challenges for AY 2015-16.

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