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Judiciary

Potential contempt of court in arrest of Taxpayer by GST Officers: HC issue SCN

December 25, 2024 1020 Views 0 comment Print

Bombay High Court addresses potential contempt of court in the arrest of Mishal J Shah by state tax officials. Key developments and next steps detailed.

Illegal Constructions Cannot Be Regularized: Supreme Court

December 25, 2024 144786 Views 1 comment Print

Supreme Court ruled that unauthorized constructions, even if longstanding, cannot be legitimized under law, citing public interest and urban planning integrity.

Entertaining claim of deduction otherwise than a revised return not permissible: ITAT Chennai

December 25, 2024 189 Views 0 comment Print

Further, the change in the claim of deduction or status of the assessee would not mount to mistake apparent from records, and, as such, it cannot be rectified u/s. 154 of the Act.

Depreciation u/s. 32 not admissible as usage of car for business purpose not proved: ITAT Mumbai

December 25, 2024 204 Views 0 comment Print

ITAT Mumbai disallowed the claim of depreciation under section 32 since assessee failed to prove that car was used for the purpose of assessee’s business wholly or in part. Accordingly, appeal dismissed.

GST order lacking proper reasons is liable to be quashed: Delhi HC

December 25, 2024 339 Views 0 comment Print

Delhi High Court held that order lacking reasons and also lacking application of mind to the reply furnished by the petitioner is liable to be quashed. Accordingly, order passed under GST quashed.

Concealment of proceeds of crime is an offence under PMLA: Madras HC

December 25, 2024 162 Views 0 comment Print

Madras High Court held that since concealment of proceeds of crime is an offence under Prevention of Money Laundering Act, 2002 [PMLA], Enforcement Directorate need not demonstrate where the money eventually went.

Seizure of ornaments worn by foreign tourist not justifiable: Delhi HC

December 25, 2024 195 Views 0 comment Print

Delhi High Court held the gold jewellery in the form of ornaments worn by the foreign tourist would not qualify for seizure under Rule 3 of the Baggage Rules, 2016. Thus, the detention receipt is accordingly quashed.

Reasons disclosed to assessee for reassessment u/s. 148 cannot be improved subsequently: Delhi HC

December 25, 2024 4062 Views 0 comment Print

Delhi High Court held that validity of reassessment under section 148 of the Income Tax Act has to be determined based on original reasons disclosed to the assessee. Such reasons cannot be improved upon subsequently.

Discharge of burden u/s. 68 involves question of fact and not substantial question of law

December 25, 2024 516 Views 0 comment Print

Gauhati High Court held that discharge of burden by assessee under section 68 of the Income Tax Act i.e. identity, creditworthiness and genuineness of transaction is question of fact and not substantial question of law. Accordingly, appeal is not maintainable.

Flavoured milk classifiable under 0402 99 90 and hence leviable to 5% GST: Andhra Pradesh HC

December 25, 2024 249 Views 0 comment Print

The petitioner is a registered dealer under the GST Act, dealing with milk and milk products. As part of its business, the petitioner processes and sells, flavoured milk, to customers within and outside the State of Andhra Pradesh.

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