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Judiciary

Addition u/s 69 Deleted: Cash in Locker Proven as Flat Sale Proceeds Assessed to Capital Gains

April 26, 2025 1029 Views 0 comment Print

ITAT Chandigarh held that amount in locker being cash received on sale of flat which is already assessed to capital gain. Accordingly, addition under section 69 of the Income Tax Act towards unexplained cash rightly deleted by CIT(A). Thus, appeal of revenue dismissed.

Providing less than 7 days to reply is against mandate of Section 148A(b): ITAT Raipur

April 26, 2025 1896 Views 1 comment Print

ITAT Raipur held that providing unreasonably short period of time of six days for furnishing reply vide notice issued u/s. 148A(b) of the Income Tax Act is against the mandate of law and hence liable to be set aside.

LTCG Exemption Cannot Be Denied on Mere Probabilities Without Legal Evidence

April 25, 2025 2886 Views 0 comment Print

AO could not reject the LTCG Exemption claim based on mere surrounding circumstances or probabilities without presenting any legal evidence against him: ITAT

LTCG Addition by AO Based on Suspicion, Unsupported by Evidence, Deleted by ITAT Jaipur

April 25, 2025 1488 Views 0 comment Print

ITAT Jaipur accepts LTCG claim of Vivek Agarwal; rejects AO’s addition under Section 68, citing adequate evidence of share transactions and demat holdings.

HC Quashes GST Demand over turnover attributed to two firms sharing same PAN

April 25, 2025 1473 Views 0 comment Print

Allahabad High Court sets aside GST demand against Jindal Communication, citing confusion over turnover attributed to two firms sharing the same PAN.

Adjudication Under CGST Section 74 Must Clearly Establish Fraud or Misstatement

April 25, 2025 16524 Views 0 comment Print

Allahabad High Court quashes CGST Section 74 order against Singh Electrical Store due to lack of reasoning on fraud or misstatement. New hearing ordered.

Provisional attachment under CGST Section 83 ceases to operate after one year

April 25, 2025 1176 Views 0 comment Print

Calcutta HC rules on the expiry of a provisional attachment order under WBGST/CGST Act in the case of JL Enterprises. Details court observations.

Writ petition not maintainable when alternate remedy of GST appeal not exercised

April 25, 2025 969 Views 0 comment Print

Madras High Court addresses a writ petition challenging a CGST order, noting a prior SGST adjudication on the same issue and directing the petitioner to the appellate authority.

Assignment of Long-Term Leasehold Rights Not Taxable Under GST: Gujarat HC

April 25, 2025 2001 Views 0 comment Print

Gujarat High Court quashes GST demand on the assignment of long-term leasehold rights by Alfa Tools, citing the Gujarat Chamber of Commerce precedent.

GST Assessment Order Invalid if passed Without Issuance of Rule 142(1A) Notice

April 25, 2025 1737 Views 0 comment Print

Andhra Pradesh HC sets aside GST assessment order for Satyanarayana Medical Distributors, citing procedural flaws and violation of natural justice.

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