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Judiciary

AO Cannot Reopen Old Assessments Based on Future Amendment Banning Goodwill Depreciation Without ‘Reasons to Believe

February 19, 2025 618 Views 0 comment Print

Since reasons recorded by AO to form prima facie conclusion that there was likelihood of any gain on account of revenue expenses incurred by assessee was also without any basis in the absence of any fresh tangible material available with the respondent AO as the fact remained that assessee had unrealized gain and unrealized loss which was not claimed and duly reflected in the computation income as assessee had claimed only bank charges expenditure for hedging of foreign currency.

ITAT Bangalore Remands Section 54 Exemption Case for Review

February 19, 2025 1773 Views 0 comment Print

ITAT Bangalore sets aside CIT(A) order in Section 54 exemption case due to lack of documents. The case is remanded for fresh review.

P&H HC Defers Decision on GST Section 174(2) Challenge till SC verdict

February 19, 2025 1224 Views 0 comment Print

Punjab & Haryana HC disposes of petitions challenging GST Sec 174(2), awaiting SC verdict in T.S. Belaraman case. Interim relief continues until final decision.

Non-Compliance Due to Email Change: ITAT Restores Quantum & Penalty Appeals to CIT(A)

February 19, 2025 537 Views 0 comment Print

ITAT Pune restores Mauli Nagari’s tax case to CIT(A)-NFAC due to non-compliance issues. Read about penalties, unexplained cash deposits & reassessment.

ITAT Luncknow directed CIT(A) to re-consider condonation as delay of 4 days erroneously calculated as 551 days

February 19, 2025 552 Views 0 comment Print

ITAT Lucknow held that delay of 4 days erroneously calculated as delay of 551 days by CIT(A). Accordingly, directed CIT(A) to consider request of condonation and if found appropriate to grant opportunity of being heard.

Duty drawback post unlocking/activation of mobile phone eligible: Delhi HC

February 19, 2025 1221 Views 0 comment Print

Delhi High Court held that the unlocking/activation of the mobile phone merely makes the mobile phone more usable in the destination country and the same would therefore not constitute “taken into use” under proviso to Rule 3 of Duty Drawback Rules.

Orissa HC Sets Aside GST Order, Awaits SC Decision, Directs Fresh Hearing

February 19, 2025 933 Views 0 comment Print

Orissa HC sets aside GST order, noting pending Supreme Court case on related issue, directs fresh hearing after petitioner communicates order to authorities.

HC Quashes GST Appeal Rejection: Pre-Deposit Paid via Credit Ledger, Delay to Be Reviewed

February 19, 2025 753 Views 0 comment Print

Calcutta High Court quashes rejection of appeal due to delay, orders appellate authority to reconsider the delay condonation and appeal on merits.

AO’s order cannot be deemed erroneous Solely Due to PCIT Disagreement: ITAT Jaipur

February 19, 2025 888 Views 0 comment Print

Explore the ITAT Jaipur decision in Mujmmeel Vs ACIT, examining Section 263 order invoking unexplained investments and its implications on tax assessments.

Claim of guarantee invoked subsequent to CIRP cannot be admitted in CIRP

February 19, 2025 777 Views 0 comment Print

NCLAT Delhi held that invocation of guarantee subsequent to initiation of CIRP cannot be the base for any claim to be admitted in the CIRP. Accordingly, appeal allowed and order passed by adjudicating authority set aside.

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