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Judiciary

Purchase of four shops and one room doesn’t qualify for exemption u/s. 54: ITAT Agra

July 4, 2025 339 Views 0 comment Print

ITAT Agra held that property purchased, being four shops at ground floor and one room at first floor, was predominantly commercial in nature and hence disqualifies for exemption under section 54 of the Income Tax Act. Hence, appeal dismissed.

Prima Facie GST Circular No. 3/3/2017 Lacks Legal Authority: Rajasthan HC

July 4, 2025 1098 Views 0 comment Print

The Rajasthan High Court maintained a stay order in Mohit Kirana Store vs. CBIC, questioning the legality of a circular delegating summons power under the GST Act.

Payment date under SVLDR Scheme extended due to COVID pandemic

July 4, 2025 1005 Views 0 comment Print

Himachal Pradesh High Court held that date of making payment under Sabka Vishwas [Legacy Dispute Resolution] Scheme [SVLDR Scheme] extended due to COVID pandemic since denying benefit of SVLDR Scheme would be contrary to the object of the scheme.

Section 9 application under IBC admitted as no pre-existing dispute present

July 4, 2025 630 Views 0 comment Print

NCLT Delhi held that application u/s. 9 of Insolvency and Bankruptcy Code, 2016 for initiating CIRP against corporate debtor admitted as Operational Creditor satisfied all the required criteria and no pre-existing dispute was present in relation to payment of revised wages by the Corporate Debtor.

Income Tax Review petition cannot be allowed to be ‘an appeal in disguise’

July 4, 2025 771 Views 0 comment Print

Jharkhand High Court held that review can only be sought if there is a mistake or an error apparent on the face of the record. A review petition has a limited purpose and cannot be allowed to be ‘an appeal in disguise’. Accordingly, review petition dismissed.

GST: Bombay HC Quashes Bank Recovery Notice for Denial of Petitioner’s Hearing

July 4, 2025 1275 Views 0 comment Print

The Bombay High Court set aside a GST recovery notice issued to a bank, ruling that the taxpayer must receive prior notice and an opportunity to dispute liability under Section 79(1)(c) of the CGST Act.

HC Orders Fresh Consideration as Reply via Email Ignored & No Personal Hearing Given

July 4, 2025 840 Views 0 comment Print

The Madras High Court directed a fresh GST assessment, citing a violation of natural justice when a taxpayer’s emailed reply was ignored and no personal hearing was granted.

Jurisdiction of JAO to conduct proceedings u/s. 148A: Matter referred to Larger Bench

July 4, 2025 2562 Views 0 comment Print

Madras High Court held that the question of jurisdiction of Jurisdictional Assessing Officer (JAO) to conduct proceedings under section 148A of the Income Tax Act is referred to Larger Bench. Accordingly, writ disposed of.

Service Tax Applicable on Printing Charges: Exemption under S.No. 30 of Notification 25/2012-ST Not Available

July 4, 2025 624 Views 0 comment Print

Assessee invoiced the client department for a consolidated sum towards the amounts charged by the empanelled agencies, service tax on their services and 10% or 15% as its service charges and service tax on its service charges.

Order for denial of Duty Drawback Claim of 2015 was quashed in absence of issuance of mandatory deficiency memo u/r 13(3)(a)

July 3, 2025 891 Views 0 comment Print

According to assessee, these claims were arbitrarily “zeroed out” in June 2018 without any speaking order or prior intimation, and without issuing a deficiency memo highlighting the alleged deficiencies in the claims.

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