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Judiciary

Summary Issuance of SCN Not Considered Proper Under Section 73 of CGST Act

February 17, 2025 1554 Views 0 comment Print

Gauhati High Court held that issuance of summary of the Show Cause Notice [SCN] doesn’t dispense with requirement of issuance of proper notice as per mandate of Section 73 of the Central Goods and Services Tax Act. Accordingly, order set aside and writ allowed.

Penalty u/s. 271AAA(1) for undisclosed income admitted during search set aside as tax paid with interest

February 17, 2025 498 Views 0 comment Print

Supreme Court held that no penalty under section 271AAA(1) of the Income Tax Act when undisclosed income during course of search is admitted and paid tax with interest. Accordingly, penalty u/s. 271AAA(1) set aside.

Relief to Bloomsbury Publishing in Transfer Pricing Case

February 17, 2025 444 Views 0 comment Print

It was held that transactions and FAR of assessee were similar to AY 2021-­22 and as per the records brought to our notice, there was no change in the activities carried out by assessee in the current assessment year and subsequent assessment years.

No addition u/s 68 as contribution to share capital was genuine

February 17, 2025 642 Views 0 comment Print

Addition made in the case of assessee was held to be unjustified. Assessee had established and satisfied all the three ingredients being identity, creditworthiness and genuineness of share capital contribution to explain credit in terms of provisions of section 68.

HC Dismisses Writ Petition Over Car Transportation: E-way Bill vs. Invoice-cum-Bill of Supply

February 17, 2025 516 Views 0 comment Print

In the matter abovementioned Hon’ble Calcutta HC have dismissed the writ petition filed against impugned order imposing penalty u/s 129 (3) of WBGST after considering that petitioner failed to provide documentary evidence in support of his claim.

Lack of proper inquiry on Unexplained Cash Deposits during Demonetization: ITAT restores matter

February 17, 2025 567 Views 0 comment Print

Assessee and his family have 261 bighas of agricultural land and did not filed his ITR for AY 2017-18. AO received information that there was cash deposits of Rs. 10,00,000/- in the bank accounts of the assessee during demonetization

Expenditure incurred for IPO, subsequently aborted, allowable being revenue in nature: ITAT

February 17, 2025 2100 Views 0 comment Print

In the matter abovementioned ITAT deleted addition made on account of expenditure incurred for initial public offering (IPO) which was subsequently aborted. ITAT held that this expenditure is allowable being revenue in nature.

Property Transaction Not Benami if Ownership Remains With Seller: Appellate Tribunal

February 16, 2025 3198 Views 1 comment Print

Appellate Tribunal overturns Benami property attachment order in Rachakonda Srinivas Rao case, citing lack of ownership transfer and applicability of amended PBPTA.

No Section 271C Penalty for Non-Deduction of TDS Due to Professional Advice: Karnataka HC

February 16, 2025 1431 Views 0 comment Print

Karnataka HC quashed penalty imposed under Section 201 of Income Tax Act for non-deduction of TDS on professional advice, citing specific legal provisions and case facts.

ITAT Directs Reassessment in ₹1.8 Crore Capital Gains & Section 54 exemption denial Case

February 16, 2025 1350 Views 0 comment Print

Chennai ITAT directs AO to review e-notices and deductions u/s 54 in ₹1.8 crore capital gains case, giving assessee another chance to present evidence.

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