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Judiciary

Allahabad HC Reiterates Mandatory Personal Hearing in GST Law, Imposes Cost on Tax Officer

April 21, 2025 1542 Views 0 comment Print

Allahabad High Court quashes GST demand against Merino Industries, imposing ₹20,000 cost on official for denying hearing, highlighting increasing burden on courts due to such violations.

Contractor liable to pay GST at rates prevailing on last date for receipt of tender

April 21, 2025 1095 Views 0 comment Print

Jammu Kashmir High Court held that contractor is liable to pay GST at rates prevailing on last date for receipt of tender. Recommendations of the GST Council, as already held, are only recommendations and cannot be taken as notifying new rates of GST.

Amendment in Form ITNS-150 to be made within time limit prescribed u/s. 154(7)

April 21, 2025 1815 Views 0 comment Print

Delhi High Court held that Form ITNS-150 sets out quantum of tax determination to be paid by assessee in an order u/s. 143(3) of the Income Tax Act, thus any amendment thereof is to be made within time limit prescribed under section 154(7) of the Income Tax Act.

Reopening based on borrowed satisfaction without independent application of mind not sustainable

April 21, 2025 1077 Views 0 comment Print

Bombay High Court held that reopening of assessment by AO by merely acting under dictation or on borrowed satisfaction without independent application of mind to materials on record is not justifiable in law. Hence, appeal of revenue liable to be dismissed.

IBC Section 7 application permitted even if loan agreement is insufficiently stamped

April 21, 2025 819 Views 0 comment Print

NCLT Bengaluru held that insufficiently stamped/ unstamped agreements do not present a bar to a Section 7 application under Insolvency and Bankruptcy Code, 2016. Thus, since default in payment of financial debt established, application u/s. 7 admitted.

No Addition u/s 153A without incriminating material found during search – Statements of third parties not sufficient: ITAT Delhi

April 20, 2025 1803 Views 0 comment Print

Gulshan Investment Pvt. Ltd. Vs JCIT (OSD) (ITAT Delhi) No Addition u/s 153A without incriminating material found during search – Statements of third parties not sufficient:  ITAT Delhi Gulshan Investment Pvt. Ltd & others Vs JCIT -ITA No.3872/Del/2024 dt 16.4.25 The core dispute involves additions made by the AO u/s 153A following a search & […]

No requirement under law for registration of knowhow to claim depreciation

April 20, 2025 834 Views 0 comment Print

ITAT Kolkata rules no legal requirement for knowhow registration to claim depreciation under Section 32. Landis + Gyr case summary.

Delhi HC Denies Relief to Accountant in ₹16 Cr GST Fraud Case

April 20, 2025 20112 Views 0 comment Print

Delhi High Court says writ jurisdiction isn’t the place to decide an accountant’s role in GST ITC fraud; directs appeal.

Quantifying Escaped Income Mandatory at Reason-Recording Stage: ITAT Delhi

April 20, 2025 3879 Views 0 comment Print

Delhi ITAT quashes reassessment in Vijender Nath Gupta case, citing AO’s failure to properly quantify escaped income during reopening.

Planning, HR, Legal & IT Support Not Taxable as FTS Under India-USA DTAA, Citing ‘Make Available’ Test

April 20, 2025 1197 Views 0 comment Print

ITAT Delhi rules Crocs Inc.’s service income not taxable in India under DTAA, as services did not “make available” technical knowledge to Crocs India.

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