Delhi ITAT held that notices issued under Sections 148A(b), 148A(d) and 148 without digital signatures are invalid in e-proceedings. The Tribunal quashed the entire reassessment as void ab initio.
Delhi ITAT held that before the amendment effective from 01.04.2015, exemption under Section 54 could be claimed for investment in more than one residential house. The Tribunal deleted the disallowance relating to the second property purchase.
Delhi ITAT restored ₹6.30 crore addition under Section 68 after finding that the Mauritius investor’s financial statements were unsigned and unauthenticated. The Tribunal held that incomplete documents cannot establish identity, creditworthiness or genuineness of transactions.
Delhi ITAT held that an Assessing Officer cannot make additions beyond the specific issues remanded by the Principal Commissioner under Section 263. Fresh additions unrelated to the revision directions were therefore rightly deleted.
CESTAT Chennai held that recipients of Goods Transport Operator services were liable to pay service tax for 1997-98 under retrospective amendments. However, interest demand was set aside because the assessee filed the prescribed return within the statutory time limit.
CESTAT Delhi held that alleged receipt of one raw material, namely Scented Tobacco, was insufficient to establish clandestine manufacture and clearance of Gutka. The Tribunal set aside excise duty demand due to lack of corroborative evidence regarding other raw materials and production activity.
Gujarat High Court upheld confiscation proceedings under Section 130 after noting that goods were transported without an e-way bill and penalty had been voluntarily paid without protest.
Delhi ITAT held that reassessment beyond four years is invalid if the Assessing Officer fails to record how the assessee failed to fully and truly disclose material facts. The Tribunal quashed the reopening for violating the first proviso to Section 147.
The Andhra Pradesh High Court held that GST recovery proceedings under Section 79 can be initiated against a bank after an assessment order becomes final and remains unpaid. The Court ruled that no separate pre-recovery notice to the dealer is required under the provision.
ITAT Ahmedabad held that depreciation on goodwill arising from amalgamation was allowable for assessment years prior to AY 2021-22. The Tribunal ruled that amendments excluding goodwill from depreciable assets operate prospectively.
