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Section 115BBE not applicable to business income declared during survey: ITAT Pune

March 16, 2025 1317 Views 0 comment Print

ITAT Pune ruled that Section 115BBE does not apply to business income declared in a survey. Read the case details and implications for taxpayers.

Addition for unverified creditors under Section 41(1) not automatic: ITAT Kolkata

March 15, 2025 1431 Views 0 comment Print

ITAT Kolkata partly allows Utpal Sarkar’s appeal against DCIT, addressing bogus sundry creditors and inter-unit transactions. Case remanded for further verification.

Non-adjudication of notice for about 15 years due to repeated placing in call book not justified

March 15, 2025 717 Views 0 comment Print

Delhi High Court held that repeated placing and removing from call books is not a valid justification for non-adjudication of show cause notice for about 15 years. Accordingly, notice is liable to be quashed.

Contrived losses by using Client Code Modification not proved, loss disallowance deleted

March 15, 2025 1146 Views 0 comment Print

ITAT Hyderabad held that no records brought suggesting that assessee has contrived losses by using Client Code Modification. Thus, disallowance of losses only on presumption is not justifiable. Accordingly, disallowance deleted.

GST Registration Can’t Be Cancelled Retrospectively without clear notice: Delhi HC

March 15, 2025 1323 Views 0 comment Print

Mohit Enterprises Vs Commissioner of State GST And Vat Department of Trade And Taxes Delhi (Delhi High Court) Delhi High Court, in Mohit Enterprises vs. Commissioner of State GST and VAT Department of Trade and Taxes, Delhi [WP (C) 1086/2025], ruled that the cancellation of GST registration cannot be given retrospective effect without due notice. […]

Seizure of goods based on undervaluation justifiable: Allahabad HC

March 15, 2025 1575 Views 0 comment Print

Allahabad High Court dismissed the writ petition and held that seizure of goods under section 129 of the IGST/ CGST Act can be done even on the ground of under valuation. Thus, power of seizure of goods correctly exercised.

Refund of unutilized credit due to zero-rated supply includes compensation cess

March 15, 2025 1029 Views 0 comment Print

Bombay High Court held that registered person making a zero rated supply under LUT may claim refund of unutilized credit including that of Compensation Cess. Accordingly, refund of compensation cess granted and appeal is accordingly allowed.

Addition u/s. 69 not sustained as adequate evidence supporting cash deposits produced: ITAT Rajkot

March 15, 2025 1011 Views 0 comment Print

ITAT Rajkot held that addition towards unexplained cash deposit under section 69A of the Income Tax Act not sustained since assessee has adequate evidence supporting its claim of cash deposits. Accordingly, appeal allowed.

Reopening beyond 4 years without new material facts not sustainable in law: Gujarat HC

March 15, 2025 1167 Views 0 comment Print

Gujarat High Court held that in the absence of new material facts brought on record by the Revenue reopening of assessment beyond the period of 4 years is found to be not sustainable in the eye of law. Thus, appeal of revenue dismissed.

Penny Stock: No Sections 68 & 69 Additions Solely on Suspicion or General Trends

March 14, 2025 3510 Views 0 comment Print

ITAT Delhi overturns tax addition in Puja Gupta Vs ITO, ruling that share transactions were genuine. Revenue’s reliance on suspicion and probabilities dismissed.

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